Effect and invariability of the Clauses. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects. These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679. Clause 3 Third-party beneficiaries Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions: Clause 1, Xxxxxx 2, Xxxxxx 3, Xxxxxx 6, Xxxxxx 7; Clauses 8.1(b), 8.9(a), (c), (d) and (e); Clauses 9(a), (c), (d) and (e); Clauses 12(a), (d) and (f); Clause 13; Clauses 15.1(c), (d) and (e); Clause 16(e); Clauses 18(a) and (b). Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679. Clause 4
Appears in 2 contracts
Samples: Data Processing Agreement, Data Processing Agreement
Effect and invariability of the Clauses. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects. These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679. Clause 3 Third-party beneficiaries Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions: Clause 1, Xxxxxx 2, Xxxxxx 3, Xxxxxx 6, Xxxxxx 7; Clauses 8.1(bClause 8.5 (e) and 8.9(b), 8.9(a), (c), (d; Clause 12(a) and (e); Clauses 9(a), (c), (d) and (e); Clauses 12(a), (d) and (f); Clause 13; Clauses Clause 15.1(c), (d) and (e); Clause 16(e); Clauses Clause 18(a) and (b). Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679. Clause 4.
Appears in 2 contracts
Samples: Data Processing Agreement, Data Processing Agreement
Effect and invariability of the Clauses. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects. These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679. Clause 3 Third-party beneficiaries Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions: Clause 1, Xxxxxx 2, Xxxxxx 3, Xxxxxx 6, Xxxxxx 7; Clauses Clause 8 - Clause 8.1(b), 8.9(a), (c), (d) and (eClause 8.3(b); Clauses 9(a), (c), (d) and (e); Clauses 12(a), (d) and (f);; Clause 13; Clauses Clause 15.1(c), (d) and (e); Clause 16(e); Clauses 18(a) and (b)Clause 18. Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679. Clause 4.
Appears in 1 contract
Effect and invariability of the Clauses. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects. These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679. Clause 3 Third-party beneficiaries Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions: Clause 1, Xxxxxx Clause 2, Xxxxxx Clause 3, Xxxxxx Clause 6, Xxxxxx Clause 7; Clauses 8.1(bClause 8 - Clause 8.5 (e) and Clause 8.9(b), 8.9(a), (c), (d; Clause 12 - Clause 12(a) and (e); Clauses 9(a), (c), (d) and (e); Clauses 12(a), (d) and (f); Clause 13; Clauses Clause 15.1(c), (d) and (e); Clause 16(e); Clauses Clause 18 - Clause 18(a) and (b). Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679. Clause 4;
Appears in 1 contract
Samples: Data Transfer Agreement
Effect and invariability of the Clauses. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects. These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679. Clause 3 Third-party beneficiaries Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions: Clause 1, Xxxxxx Clause 2, Xxxxxx Clause 3, Xxxxxx Clause 6, Xxxxxx Clause 7; Clauses Clause 8.1(b), 8.9(a), (c), (d) and (e); Clauses Clause 9(a), (c), (d) and (e); Clauses Clause 12(a), (d) and (f); Clause 13; Clauses Clause 15.1(c), (d) and (e); Clause 16(e); Clauses Clause 18(a) and (b). Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679. Clause 4.
Appears in 1 contract
Samples: Data Processing Addendum
Effect and invariability of the Clauses. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects. These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679. Clause 3 Third-party beneficiaries Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions: Clause 1, Xxxxxx Clause 2, Xxxxxx Clause 3, Xxxxxx Clause 6, Xxxxxx Clause 7; Clauses Clause 8 –Clause 8.1(b), 8.9(a), (c), (d) and (e); Clauses Clause 9 –Clause 9(a), (c), (d) and (e); Clauses Clause 12 –Clause 12(a), (d) and (f); Clause 13; Clauses Clause 15.1(c), (d) and (e); Clause 16(e); Clauses Clause 18 –Clause 18(a) and (b). Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679. Clause 4
Appears in 1 contract
Samples: Processing Agreement