EEA Transfers Clause Samples

EEA Transfers in relation to Personal Data protected by the EU GDPR, the EU SCCs will apply completed as follows: (i) Module Two will apply where Customer is a Controller and Module Three will apply where Customer is a Processor; (ii) in Clause 7, the optional docking clause will apply; (iii) in Clause 9, Option 2 will apply, and the time period for prior notice of sub-Processor changes shall be as set out in Clause 4.3 of this DPA; (iv) in Clause 11, the optional language will not apply; (v) in Clause 17, Option 2 will apply, and if the data exporter’s Member State does not allow for third-party beneficiary rights, then the law of Switzerland shall apply; (vi) in Clause 18(b), disputes shall be resolved before the courts of the jurisdiction governing the Main Agreement between the parties or, if that jurisdiction is not an EU Member State, then the courts in Zurich, Switzerland shall be the designated forum. In any event, Clause 17 and 18 (b) shall be consistent in that the choice of forum and jurisdiction shall fall on the country of the governing law; (vii) Annex I of the EU SCCs shall be deemed completed with the information set out in Annex 1 to this DPA; and (viii) Annex II of the EU SCCs shall be deemed completed with the information set out in Annex 2 to this DPA.

EEA Transfers. In relation to European Data that is subject to the GDPR (i) Subscriber is the "data exporter" and HacktheBox, is the "data importer"; (ii) the Module Two terms apply to the extent the Subscriber is a Controller of European Data and the Module Three terms apply to the extent the Subscriber is a Processor of European Data;

EEA Transfers. Where Customer exports Customer Personal Data for an EEA data subject to 8x8 in a country that the EC has not determined adequately protects Personal Data, the contractual clauses annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “EU SCCs”) shall be incorporated into the Agreement by reference as follows:

EEA Transfers. In relation to European Data that is subject to the GDPR, (i) you are the "data exporter" and we are the "data importer"; (ii) the Module Two terms apply to the extent you are a Controller of European Data and the Module Three terms apply to the extent you are a Processor of European Data; (iii) in Clause 7, the optional docking clause applies; (iv) in Clause 9, Option 2 applies and changes to Sub-Processors will be notified in accordance with the ‘Sub-Processors’ section of this DPA; (v) in Clause 11, the optional language is deleted; (vi) in Clauses 17 and 18, the parties agree that the governing law and forum for disputes for the Standard Contractual Clauses will be determined in accordance with the ‘Governing Law’ section of the Agreement; (vii) the Annexes of the Standard Contractual Clauses will be deemed completed with the information set out in the Annexes of this DPA; and (viii) if and to the extent the Standard Contractual Clauses conflict with any provision of this DPA the Standard Contractual Clauses will prevail to the extent of such conflict. UK Transfers. In relation to European Data that is subject to the UK GDPR, the Standard Contractual Clauses will apply and the following modifications: (i) the Standard Contractual Clauses will be modified and interpreted in accordance with the UK Addendum, which will be incorporated by reference and form an integral part of the Agreement; (ii) Tables 1, 2 and 3 of the UK Addendum will be deemed completed with the information set out in the Annexes of this DPA and Table 4 will be deemed completed by selecting “neither party”; and (iii) any conflict between the terms of the Standard Contractual Clauses and the UK Addendum will be resolved in accordance with Section 10 and Section 11 of the UK Addendum. Swiss Transfers. In relation to European Data that is subject to the Swiss DPA, the Standard Contractual Clauses will apply and the following modifications: (i) references to "Regulation (EU) 2016/679" will be interpreted as references to the Swiss DPA; (ii) references to "EU", "Union" and "Member State law" will be interpreted as references to Swiss law; and (iii) references to the "competent supervisory authority" and "competent courts" will be replaced with the "the Swiss Federal Data Protection and Information Commissioner " and the "relevant courts in Switzerland."

EEA Transfers. In relation to Personal Data that is subject to the GDPR (i) Lookout shall be deemed the "data importer" and Customer shall be deemed the "data exporter"; (ii) Module One shall apply where Lookout is a Data Controller and Module Two shall apply where Lookout is a Data Processor; (iii) in Clause 7, the optional docking clause shall be deleted;

EEA Transfers. In relation to Personal Data that is subject to the GDPR (i) Customer is the "data exporter" and Lexmark is the "data importer"; (ii) the EU SCC Module Two terms apply to the extent the Customer is a Controller of Personal Data and the EU SCC Module Three terms apply to the extent the Customer is a Processor of Personal Data;

EEA Transfers. With respect to Customer Personal Data transferred from the European Economic Area (“EEA”), the New EU SCCs shall apply, form part of the DPA, and take precedence over the rest of the DPA to the extent of conflict. If and to the extent a Customer Affiliate relies on the New EU SCCs for the transfer of Customer Data, any reference to Customer includes such Customer Affiliate. Where INK is acting as Customer’s Processor, Module Two of the New EU SCCs shall apply. Where INK is acting as Customer’s Sub-processor, Module Three of the New EU SCCs shall apply. For both Modules Two and Three, Customer is the Data Exporter and INK is the Data Importer. INK hereby agrees to enter into the New EU SCCs, which are incorporated into this DPA by this reference and completed as follows: i. In Clause 7, the Parties choose not to include the optional docking clause. ii. In Clause 9, the Parties select the Option 2 (General Written Authorization) and provide for a 30-day advance notice. iii. In Clause 11, the Parties choose not to include the optional language relating to the use of an independent dispute resolution body. iv. In Clauses 17 and 18, the Parties choose the law of the Republic of Ireland and the courts of the Republic of Ireland.

EEA Transfers. In relation to Personal Data that is subject to the GDPR (i) Customer is the "data exporter" and Lexmark is the "data importer"; (ii) the EU SCC Module Two terms apply to the extent the Customer is a Controller of Personal Data and the EU SCC Module Three terms apply to the extent the Customer is a Processor of Personal Data; (iii) in Clause 7, the optional docking clause applies; (iv) in Clause 9, Option 2 applies and changes to Sub-Processors will be notified in accordance with the ‘Sub-Processors’ section of this DPA; (v) in Clause 11, the optional language is deleted;

EEA Transfers. Transfers of EEA Transferred Data to a Third Country, will be made under the EU SCCs, giving effect to module 2, which is incorporated by reference to this DPA, as follows: In Clause 7, the optional docking clause will not apply. If applicable - in clause 9, Option 2 will apply, and the time period for prior notice of sub-processor changes will be as set out in Section 3 of the DPA. In clause 11, the optional language will not apply. In clause 17, Option 1 will apply, and the EU SCCs will be governed by the Irish law. In clause 18(b), disputes will be resolved before the courts of Ireland.