Cross-Border Data Transfers. 12.1. Service Provider shall not transfer any Personal Data from the country in which it was collected from Data Subjects or received from Company without express written approval from Company. In the event Company requests Service Provider to transfer Personal Data across national borders, and without prejudice to the Data Subject’s rights, Service Provider agrees to consult with Company to ensure the lawful export of Personal Data through an appropriate mechanism, the terms of which may be outlined A. Applicable Law in the importing country ensures an adequate level of protection for Personal Data , as recognized by the laws of the exporting country; B. Service Provider has in place binding corporate rules approved under Applicable Law; C. Service Provider is subject to a code of conduct with binding and enforceable commitments in accordance with Applicable Law; or D. Contractual data protection clauses have been put in place between Company and Service Provider that provide adequate protection. 12.2. Service Provider agrees to comply with any alternative lawful method of transfer as may be required by Company. This may include, without limitation: A. Where the safeguards set forth in items (i) through (iv) of paragraph (a) above are not available, that Company may request Service Provider to transfer Personal Data pursuant to the explicit consent of the data subject, once the data subject has been notified and informed of potential risks pursuant to Applicable Law. B. Where the safeguards set out in items (i) through (iv) of paragraph (a) above are not available, that Company may request Service Provider to transfer Personal Data pursuant to other arrangements permitted under Applicable Law.
Appears in 1 contract
Sources: Data Protection Addendum
Cross-Border Data Transfers. 12.1. Service Provider shall not transfer any Personal Data from the country in which it was collected from Data Subjects or received from Company without express written approval from Company. In the event Company requests Service Provider to transfer Personal Data across national borders, and without prejudice to the Data Subject’s rights, Service Provider agrees to consult with Company to ensure the lawful export of Personal Data through an appropriate mechanism, the terms of which may be outlinedoutlined in a separate agreement. Where permitted by Applicable Law of the country from which Personal Data is exported, possible arrangements for the export of Personal Data may include, without limitation:
A. Applicable Law in the importing country ensures an adequate level of protection for Personal Data Data, as recognized by the laws of the exporting country;
B. Service Provider has in place binding corporate rules approved under Applicable Law;
C. Service Provider is subject to a code of conduct with binding and enforceable commitments in accordance with Applicable Law; or
D. Contractual data protection clauses and corresponding supplementary measures have been put in place between Company and Service Provider that provide adequate protectionprotection in compliance with Applicable Law.
12.2. Service Provider agrees to comply with any alternative lawful method of transfer as may be required by Company. This may include, without limitation:
A. Where the safeguards set forth in items (iA) through (ivD) of paragraph (a) Section 12.1 above are not availableavailable or would not satisfy cross-border data transfer requirements under Applicable Law, that Company may request Service Provider to transfer Personal Data pursuant to the explicit consent of the data subjectData Subject, once after the data subject has been notified and informed Service Provider notifies the Data Subject of potential risks pursuant to Applicable Law.Law and provides their explicit consent to such transfer.
B. Where the safeguards set out in items (iA) through (ivD) of paragraph (a) Section 12.1 above are not availableavailable or would not satisfy cross-border data transfer requirements under Applicable Law, that Company may request Service Provider to transfer Personal Data pursuant to other arrangements permitted under Applicable Law.
Appears in 1 contract
Sources: Data Protection Addendum
Cross-Border Data Transfers. 12.1. Service Provider shall not transfer any Personal Data from the country in which it was collected from Data Subjects or received from Company without express written approval from Company. In the event Company requests Service Provider to transfer Personal Data across national borders, and without prejudice to the Data Subject’s rights, Service Provider agrees to consult with Company to ensure the lawful export of Personal Data through an appropriate mechanism, the terms of which may be outlinedoutlined in a separate agreement. Where permitted by Applicable Law of the country from which Personal Data is exported, possible arrangements for the export of Personal Data may include, without limitation:
A. Applicable Law in the importing country ensures an adequate level of protection for Personal Data , as recognized by the laws of the exporting country;
B. Service Provider has in place binding corporate rules approved under Applicable Law;
C. Service Provider is subject to a code of conduct with binding and enforceable commitments in accordance with Applicable Law; or
D. Contractual data protection clauses have been put in place between Company and Service Provider that provide adequate protection.
12.2. Service Provider agrees to comply with any alternative lawful method of transfer as may be required by Company. This may include, without limitation:
A. Where the safeguards set forth in items (i) through (iv) of paragraph (a) above are not available, that Company may request Service Provider to transfer Personal Data pursuant to the explicit consent of the data subject, once the data subject has been notified and informed of potential risks pursuant to Applicable Law.Law.
B. Where the safeguards set out in items (i) through (iv) of paragraph (a) above are not available, that Company may request Service Provider to transfer Personal Data pursuant to other arrangements permitted under Applicable Law.
Appears in 1 contract
Sources: Data Protection Addendum