UK Addendum Clause Samples
UK Addendum. In the event that any transfer of Personal Data from the United Kingdom requires implementation of appropriate safeguards under the UK GDPR, the parties acknowledge and agree that such transfer shall be governed by the UK GDPR and the provisions of a UK Addendum appended to this DPA as an additional Schedule (the “UK Addendum”). Unless otherwise agreed to by the parties, the UK Addendum shall be in the form of the International Data Transfer Addendum to the Standard Contractual
UK Addendum. When Zendesk processes Personal Data subject to UK Data Protection Law in a country that has not received an adequacy decision from the UK authorities, and if Section 6.2 (Binding Corporate Rules) does not apply, the Parties hereby incorporate the UK Addendum for Personal Data subject to UK Data Protection Law by this reference. Where the UK Addendum applies, it will be deemed completed as follows:
(i) Table 1 shall be deemed completed with the information set out in Annex I of this DPA, the contents of which are hereby agreed by the Parties;
(ii) Table 2, the Parties select the checkbox that reads: “Approved EU SCCs, including the Appendix Information and with only the following modules, clauses or optional provisions of the Approved EU SCCs brought into effect for the purposes of this Addendum”, and the accompanying table shall be deemed completed according to the Parties’ preferences outlined in Section 6.3 above;
(iii) Table 3, shall be deemed completed with the information set out in Annex I and Annex II and Section 4 of this DPA; and
(iv) Table 4, the Parties agree that neither Party may terminate the UK Addendum as set out in Section 19.
UK Addendum. 2.1 This UK Addendum shall apply to any transfer of Customer Personal Data from the UK to Other Countries. The Parties agree that the Standard Contractual Clauses shall be read in accordance with, and deemed amended by, the provisions of Part 2 (Mandatory Clauses) of the UK International Data Transfer Addendum to the EU Commission Standard Contractual Clauses issued by the UK Information Commissioner under section 119A(1) Data Protection Act 2018, as amended or replaced from time to time (“UK IDTA”), and the Parties confirm that the information required for the purposes of Part 1 (Tables) of the UK IDTA is as set forth below:
1.1 Table 1 – the Parties are Heap and Customer, with contact details as set forth in Schedule 1 to this DPA.
UK Addendum. The Parties agree that the UK Addendum is incorporated into the DPA by reference, as if it had been set out in full, and is populated and shall be read against the EU SCCs as follows. Unless expressly stated below, any optional clauses contained within the UK Addendum shall not apply. The UK Addendum is effective from the effective date of the Agreement.
UK Addendum. To the extent Client Personal Data originates in the UK, the parties undertake to apply the provisions of the EU Standard Contractual Clauses, as updated and amended by the UK Addendum, to the transfer and Processing of such Client Personal Data and hereby incorporate the UK Addendum by reference into this DPA, provided the UK Addendum shall be supplemented and completed, as appropriate, with the descriptions and party responsibilities, clause options, and similar criteria set forth in Section 11.1 of this DPA and the Annexes attached hereto. For the avoidance of doubt, with respect to UK data transfers, in the event of a conflict between the EU Standard Contractual Clauses and the UK Addendum, the terms and hierarchy set forth in the UK Addendum shall supersede and control with respect to such UK data transfers only. K2 shall not transfer any Client Personal Data received under the UK Addendum (nor permit such Client Personal Data to be transferred) to a Subprocessor outside the UK, unless the Subprocessor (i) is established in a country which the UK authorities have granted an adequacy status, or (ii) K2 implements and maintains such measures as necessary to ensure the transfer is in compliance with Data Protection Law, and such measures may include (without limitation) the Subprocessor and K2 executing the EU Standard Contractual Clauses, Module 3 (Transfer processor to processor) and the UK Addendum thereto.
UK Addendum. 2.1 This paragraph 2 (UK Addendum) shall apply to any transfer of Covered Data from the Transferor (as data exporter) to the Recipient (as data importer), to the extent that: (a) the UK Data Protection Laws apply to Transferor when making that transfer; or (b) the transfer is an "onward transfer" as defined in the Approved Addendum. As used in this paragraph 2:
UK Addendum. In relation to the UK Addendum incorporated in accordance with Section 9.4:
UK Addendum. Where the UK Addendum is incorporated into this DPA under either Clauses 3.b. or 4.d.:
a. It will come into effect upon the commencement of the relevant Restricted Transfer;
b. for the purposes of Table 1, the Start Date shall be the commencement of the relevant Restricted Transfer, the Parties’ details and the Key Contact are set out in Annex 2 of this DPA and the parties clause of the Agreement;
c. no signature is required for the purposes of Table 1;
d. the first option is selected in Table 2, the Approved EU SCCS are defined in Clause 1 of this DPA and the SCCs will start on the commencement of the relevant Restricted Transfer;
e. the Appendix Information in Table 3 is set out in Annex 1 and 2 to this DPA; and
f. the first two options (“Importer” and “Exporter”) are selected in Table 4.
UK Addendum. Where clause 9.4 of this MTA applies to the Collaborator, the UK Addendum shall be automatically incorporated into this MTA by reference and deemed to be completed as set out below:
UK Addendum. With respect to Personal Da ta tra nsferred from the United Kingdom governed by UK Data Protection Laws:
a. The information required by Tables 1 – 3 of the template International Data Transfer Addendum issued by the ICO a nd laid before Parliament in accordance with s119A of the Data Protection ▇▇▇ ▇▇▇▇ on 2 February 2022, as it may be revised from time to time (the “Template UK Addendum”) is provided in the Agreement, DPA, and SOW(s).
b. References to the EU, member states and GDPR in the Standard Contractual Clauses are amended mutatis mutandis to refer to the United Kingdom, the UK Data Protection Act 2018 (as it may be updated or replaced from time to time), and the UK Information Commissioner’s Office (the “ICO”); and
c. In Clause 17 (Governing Law), the laws of England and Wales shall govern, and in Clause 18 (Choice of forum and jurisdiction), the courtsin London, England shall have jurisdiction. A data subject may also bring legal proceedings against the data exporter and/or data importer before appropriate courts in the UK.