Derogations for specific situations Sample Clauses

Derogations for specific situations where the LED is applicable to the Client: The Client has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by GBG in the provision and services are located in a country that the European Commission has not formally declared to have an adequate level of protection (Clause 8.3/ Article 36 LED) and are not able to demonstrate appropriate safeguards (Clause 8.2/Article 37 LED). In such circumstances this will be stated in the Additional Terms and the Client as Controller acknowledges that prior to submitting Client Data to GBG for processing it shall determine, and is solely liable for ensuring that, one of the following exceptions set out in Article 38 LED applies: (a) the transfer is necessary to protect the vital interest of the Data Subject or another person; (b) to safeguard legitimate interest of the Data Subject, where the law of the Member State transferring the Personal Data so provides; (c) for the prevention of an immediate and serious threat to public security of a Member State or a third country; (d) in individual cases for the purposes set out in Article 1 (1) LED; or (e) in an individual case for the purpose set out in Article 1 (1)

Derogations for specific situations where the LED is applicable to the Reseller End User: The Reseller End User has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by GBG in the provision and services are located in a country that the European Commission has not formally declared to have an adequate level of protection (Clause 14.10/ Article 36 LED) and are not able to demonstrate appropriate safeguards (Clause 14.9/Article 37 LED). In such circumstances this will be stated in the Additional Terms and the Reseller End User as Controller acknowledges that prior to submitting Reseller End User Data to GBG for processing it shall determine, and is solely liable for ensuring that, one of the following exceptions set out in Article 38 LED applies: (a) the transfer is necessary to protect the vital interest of the Data Subject or another person; (b) to safeguard legitimate interest of the Data Subject, where the law of the Member State transferring the Personal Data so provides; (c) for the prevention of an immediate and serious threat to public security of a Member State or a third country; (d) in individual cases for the purposes set out in Article 1 (1) LED; or (e) in an individual case for the establishment, exercise or defence of legal claims relating to the purposes set out in Article 1(1) LED.

Derogations for specific situations where the LED is applicable to the Client: The Client has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by GBG in the provision of the Service are located in a country that the European Commission has not formally declared to have an adequate level of protection (Clause 9.12/Article 36 LED) and are not able to demonstrate appropriate safeguards (Clause 9.11/Article 37 LED). In such circumstances the Client as Controller acknowledges that prior to submitting Client Data to GBG for processing it shall determine, and is solely liable for ensuring that, one of the following exceptions set out in Article 38 LED applies: (a) the transfer is necessary to protect the vital interests of the Data Subject or another person; (b) the transfer is necessary to safeguard legitimate interests of the Data Subject, where the law of the Member State transferring the Personal Data so provides; (c) the transfer is necessary for the prevention of an immediate and serious threat to public security of a Member State or a third country; (d) in individual cases for the purposes set out in Article 1 (1) LED; or (e) in individual cases for the establishment, exercise or defence of legal claims relating to the purposes set out in Article 1 (1)

Derogations for specific situations. The Merchant has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by Credorax in the provision of the products and services are located in a country that the European Commission has not formally declared to have an adequate level of protection (Article 45(3) GDPR) and are not able to demonstrate appropriate safeguards (Article 46 GDPR). In such circumstances the Merchant acknowledges that prior to submitting Merchant Data to Credorax for processing it shall determine, and is solely liable for ensuring, that one of following exceptions set out in Article 49 GDPR applies: (a) the Data Subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the Data Subject due to the absence of an adequacy decision and appropriate safeguards; (b) the transfer is necessary for the performance of a contract between the Data Subject and the Controller or the implementation of pre-contractual measures taken at the Data Subject's request; (c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the Data Subject between the Controller and another natural or legal person; (d) the transfer is necessary for important reasons of public interest; (e) the transfer is necessary for the establishment, exercise or defence of legal claims; (f) the transfer is necessary in order to protect the vital interests of the Data Subject or of other persons, where the Data Subject is physically or legally incapable of giving consent; or (g) the transfer is made from a register which according to European Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down by European Union or Member State law for consultation are fulfilled in the particular case.

Derogations for specific situations. The End User has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by the Intermediary and/or GBG in the provision of the products and services are located in a country that the European Commission has not formally declared to have an adequate level of protection (Clause Error! Reference source not found./ Article 45

Derogations for specific situations where the LED is applicable to the Client: The Client has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by GBG in the provision and services are located in a country that the UK Government has not formally declared to have an adequate level of protection (Clause 8.3/ Article 36 LED) and are not able to demonstrate appropriate safeguards (Clause 8.2/Article 37 LED). In such circumstances this will be stated in the Additional Terms and the Client as Controller acknowledges that prior to submitting Client Data to GBG for processing it shall determine, and is solely liable for ensuring that, one of the following exceptions set out in Article 38 LED applies: (a) the transfer is necessary to protect the vital interest of the Data Subject or another person; (b) to safeguard legitimate interest of the Data Subject, where the UK law so provides; (c) for the prevention of an immediate and serious threat to public security of the UK or a third country; (d) in individual cases for the purposes set out in Article 1 (1) LED; or (e) in an individual case for the purpose set out in Article 1 (1)

Derogations for specific situations where the LED is applicable to the Customer: The Customer has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by GBG in the provision of the Service are located in a country that the European Commission has not formally declared to have an adequate level of protection (Clause 9.15/Article 36 LED) and are not able to demonstrate appropriate safeguards (Clause 9.14/Article 37 LED). In such circumstances this will be stated in the Additional Terms and the Customer as Controller acknowledges that prior to submitting Customer Data to GBG for processing it shall determine, and is solely liable for ensuring that, one of the following exceptions set out in Article 38 LED applies: (a) the transfer is necessary to protect the vital interests of the Data Subject or another person; (b) to safeguard legitimate interests of the Data Subject, where the law of the Member State transferring the Personal Data so provides; (c) for the prevention of an immediate and serious threat to public security of a Member State or a third country; (d) in individual cases for the purposes set out in Article 1 (1) LED; or (e) in an individual case for the establishment, exercise or defence of legal claims relating to the purposes set out in Article 1(1) LED.

Derogations for specific situations where the LED is applicable to the Client: The Client has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by GBG in the provision and services are located in a country that the European Commission has not formally declared to have an adequate level of protection (Clause 9.13 / Article 36 LED) and are not able to demonstrate appropriate safeguards (Clause 9.12 /Article 37 LED). In such circumstances this will be stated in the Additional Terms and the Client as Controller acknowledges that prior to submitting Client Data to GBG for processing it shall determine, and is solely liable for ensuring that, one of the following exceptions set out in Article 38 LED applies: (a) the transfer is necessary to protect the vital interest of the Data Subject or another person; (b) to safeguard legitimate interest of the Data Subject, where the law of the Member State transferring the Personal Data so provides; (c) for the prevention of an immediate and serious threat to public security of a Member State or a third country; (d) in individual cases for the purposes set out in Article 1 (1) LED; or (e) in an individual case for the establishment, exercise or defence of legal claims relating to the purposes set out in Article 1 (1) LED.