Common use of Applicability of New Standard Contractual Clauses Clause in Contracts

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered into the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions of its Controller(s). Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section (b) above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.2. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available to Data Subjects. 8.3.3. The governing law of the New Standard Contractual Clauses shall be the law of Germany.

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered into the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions of its Controller(s). 8.3.2. Other Controllers or Processors whose use of the Cloud SAP Support or Professional Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section (b) 8.3.1.2 8.3.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.28.3.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available to Data Subjects. 8.3.38.3.4. The governing law of the New Standard Contractual Clauses shall be the law of Germany.

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP RELISH is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) RELISH has entered into in to the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP RELISH is located in a Third Country: SAP RELISH and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP RELISH as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act acts as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP RELISH acknowledges that Customer acts as Processor under the instructions of its Controller(s). 8.3.2. Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP RELISH in the same manner as Customer in accordance with Section (b) 8.3.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.28.3.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP RELISH (including the relevant Schedules), available to Data Subjects. 8.3.38.3.4. The governing law of the New Standard Contractual Clauses shall be the law of Germany.

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered into the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions of its Controller(s). 8.3.2. Other Controllers or Processors whose use of the Cloud SAP Support or Professional Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section 8.3.1.2 (b) above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.28.3.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available to Data Subjects. 8.3.38.3.4. The governing law of the New Standard Contractual Clauses shall be the law of Germany.

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered into in to the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act acts as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions of its Controller(s). 8.3.2. Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section (b) 8.3.1.28.3.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.28.3.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available to Data Subjects. 8.3.38.3.4. The governing law of the New Standard Contractual Clauses shall be the law of Germany.

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered into the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions of its Controller(s). Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section (b) 8.3.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.2. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available to Data Subjects. 8.3.3. The governing law of the New Standard Contractual Clauses shall be the law of Germany.

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered into in to the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act acts as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions instru ctions of its Controller(s). 8.3.2. Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section (b) 8.3.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.28.3.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available availab le to Data Subjects. 8.3.38.3.4. The governing law of the New Standard Contractual Clauses shall be the law of Germany.

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered into in to the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act acts as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions of its Controller(s). 8.3.2. Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section (b) 8.3.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.28.3.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available to Data Subjects. 8.3.38.3.4. The governing law of the New Standard Contractual Clauses shall be the law of Germany.

Applicability of New Standard Contractual Clauses. 8.3.18.2.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.18.2.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered into in to the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.28.2.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act acts as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions of its Controller(s). 8.2.2. Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section (b) 8.2.1.28.2.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.28.2.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available to Data Subjects. 8.3.38.2.4. The governing law Third Party Beneficiary Right under the New Standard Contractual Clauses Where Customer is located in a Third Country and acting as a data importer under Module 2 or Module 3 of the New Standard Contractual Clauses and SAP is acting as Customer’s sub-processor under the applicable Module, the respective data exporter shall be have the following third party beneficiary right: In the event that Customer has factually disappeared, ceased to exist in law or has become insolvent (in all cases without a successor entity that has assumed the legal obligations of Germanythe Customer by contract or by operation of law), the respective data exporter shall have the right to terminate the affected Cloud Service solely to the extent that the data exporter’s Personal Data is processed. In such event, the respective data exporter also instructs SAP to erase or return the Personal Data.

Applicability of New Standard Contractual Clauses. 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP NS2 is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) NS2 has entered into the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP NS2 is located in a Third Country: SAP NS2 and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP NS2 as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer act acts as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP NS2 acknowledges that Customer acts as Processor under the instructions of its Controller(s). 8.3.2. Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP NS2 in the same manner as Customer in accordance with Section (b) 8.3.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.28.3.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP NS2 (including the relevant Schedules), available to Data Subjects. 8.3.38.3.4. The governing law of the New Standard Contractual Clauses shall be the law of Germany.