LGPD Sample Clauses
The LGPD clause establishes the parties' obligations to comply with Brazil's General Data Protection Law (Lei Geral de Proteção de Dados Pessoais). It typically requires both parties to handle personal data in accordance with the law, implement appropriate security measures, and notify each other of any data breaches involving shared information. This clause ensures that personal data is processed lawfully and transparently, helping to mitigate legal risks and protect the privacy rights of individuals whose data is involved in the contract.
LGPD. (i) Without limiting any of Company’s obligations under Section 8.2(a) hereof or Section 8.2(b) hereof:
(A) If any of the Company Supplied Data constitutes LGPD Personal Data (such Company Supplied Data, “Company Supplied LGPD Personal Data”), then, with respect to Company Supplied LGPD Personal Data, Company is the data “controller” that transfers such Company Supplied LGPD Personal Data, and ID5 is a data “controller” that agrees to receive such Company LGPD Personal Usage Data for further processing in accordance with this Agreement (including, without limitation, Section 8.1(b) hereof); and
(B) Company will not provide or make available to ID5 any Company Supplied LGPD Personal Data or any other LGPD Personal Data unless Company has obtained all applicable data subjects’ consent with respect to such provision and ID5’s contemplated processing thereof in compliance with LGPD and all other Applicable Laws.
(ii) Without limiting any of either Party’s obligations under Section 8.2(a) hereof or any of Company’s obligations under Section 8.2(b) hereof, ID5 will not collect or process Usage Data that constitutes LGPD Personal Data hereunder without a lawful basis for such collection or processing.
(iii) To the extent that the provision and/or use of the ID5 ID Site Offering involves any transfer of LGPD Personal Data outside Brazil, each Party agrees that: (A) if it is the transferring Party, such transfer will be made in compliance with LGPD and all other Applicable Laws; and (B) each such transfer between the Parties will be deemed subject to a version of the EU Standard Clauses, modified to reflect Brazil as the originating jurisdiction and LGPD Personal Data as “personal data” thereunder (“Brazil Standard Clauses”), with the transferring Party (on its own behalf and on behalf of its Affiliates) as the “data exporter” and the transferee Party (on its own behalf and on behalf of its Affiliates) as the “data importer”, and such Brazil Standard Clauses shall be deemed incorporated herein with respect to each such transfer.
LGPD. Coupa e o Cliente concordam em cumprir com e (Anexo B-3) Anexo de Privacidade do Brasil disponível em ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/legal , ue é incorporado por referência no presente Contrato. 2.5.
LGPD. With respect to transfer to which the LGPD applies and as of the date when such transfer mechanisms become mandatory under LGPD, the parties agree to Process such Personal Data in accordance with one of the following:
(a) the EU SCCs as set forth in Section 1 with the following modifications, if the Supervisory Authority of LGPD has issued the adequacy decision recognizing that the EU SCCs may be utilized for data transfer under LGPD:
(i) references to "Regulation (EU) 2016/679" shall be interpreted as reference to the LGPD;
(ii) references to "Regulation (EU) 2016/679" shall be replaced with the equivalent article or section of the LGPD;
(iii) references to the "competent supervisory authority" and "competent courts" shall be replaced with references to the "Brazilian National Data Protection Authority" and "applicable courts of Brazil " for transfers from Brazil;
(iv) Clause 17, the EU SCCs shall be governed by the laws of Brazil; and
(v) Clause 18(b), disputes shall be resolved before the applicable courts of Brazil.
(b) ▇▇▇▇▇ ▇▇ of the LGPD Resolution, in the event that the Supervisory Authority of LGPD has not issued its observation as stated in subsection (a) above, as follow:
(i) Clauses 1.1 and 2.1 shall be deemed completed with the information set out in Schedule 1 to the DPA;
(ii) Clause 3, “OPTION B” shall be selected;
(iii) Clause 4, “OPTION A” shall be selected, and the “Exporter” should be selected in Items a, b and c of Clause 4.1;
(iv) Section III shall be deemed completed with the information set out in Schedule 2 to the DPA; and
(v) Section IV shall include “The parties agree that any action or proceeding related to the LGPD Resolution must be brought in the courts located in São Paulo, SP, Brazil”. To the extent the Account ▇▇▇▇▇▇’s use of the Services qualifies as a contractual arrangement on the use of ICT Services supporting critical or important functions under ▇▇▇▇, the parties agree that:
a) The Services, Service Levels, Response Times, Notice and Reporting obligations