Common use of EEA Transfers Clause in Contracts

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 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-sub- Processor changes shall be as set out in Clause 4.3 3.3 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 England and Wales shall apply; (vi) in Clause 18(b), disputes shall be resolved before the courts of the jurisdiction governing the Main Customer Agreement between the parties or, if that jurisdiction is not an EU Member State, then the courts in ZurichLondon, Switzerland England 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.