Common use of ASEAN Clause in Contracts

ASEAN. To the extent the Processing of Personal Data is subject to applicable Data Protection Laws of the ASEAN Member States or is between or to non-ASEAN Member States, and to the extent that Account Holder would like to voluntarily utilize the ASEAN MCCs for such Processing, the parties agree that Module 1: Contractual Provisions for Controller-to-Processor Transfers will apply, and the parties will comply with the Module 1 of the ASEAN MCCs for such Processing. The optional clauses will apply as follows: (a) Clause 2.2 will apply; (b) Clause 3.4 will apply and the adequate security standards are set forth in Schedule 2 to the DPA; (c) Clause 3.6 will not apply; (d) Clause 3.7 will not apply; (e) the written confirmation under Clause 3.8 will be provided in accordance with Section 2(d) of the DPA; (f) the Data Breach notice in Clause 3.10 will be provided in accordance with Section 9 of the DPA; (g) Clause 4.1, the ASEAN MCCs shall be interpreted according to the laws of Singapore; (h) Clause 4.3, any dispute under the ASEAN MCCs shall be resolved via the applicable courts of Singapore; (i) the suspension period described in Clause 6.1 will be thirty (30) days; (j) Clause 8.1 (Variation) will be amended in accordance with Section 10(b) of the DPA; (k) Appendix A will be completed in accordance with Schedule 1 to the DPA; (l) Clause 1.1 of the Additional Terms for Individual Remedies, the Parties acknowledge that the law of Singapore confers a right on Data Subjects to enforce the data protection warranties and undertakings of this contract as third-party beneficiaries. The Parties agree that this contract shall uphold such rights of Data Subjects under the law of Singapore; and (m) Clause 1.4 of the Additional Terms for Individual Remedies, to the extent authorized by applicable AMS Law, Data Subjects may obtain compensation for breaches of this contract by either the Data Importer and/or Data Exporter (as prescribed by applicable AMS Law or, if such law is silent on the allocation of compensation, then the Data Subjects may obtain compensation for breaches of the ASEAN MCCs from the breaching party.