Common use of Derogations for specific situations Clause in Contracts

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)