Common use of Personal Data and Privacy Clause in Contracts

Personal Data and Privacy. NetApp acknowledges and agrees that the data, including nominative data, which Partner communicates to NetApp in performance of the Agreement, may not be freely used by NetApp or transferred to third parties unless required to comply with relevant laws, to fulfill its obligations under the Agreement, or if prior written consent is obtained from the Partner through a Data Privacy Model Contract/Transfer Agreement. In such cases, NetApp agrees that any data NetApp transmits outside the European Economic Area, including to countries that do not guarantee the protection of nominative data in a manner identical to that applicable in The European Union, will be protected in accordance with the European Union requirements. Partner represents having obtained or that it shall obtain all consents or authorizations necessary by virtue of applicable law to communicate the data to NetApp.