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# Google Cloud Platform,
Workspace, Cloud Identity & Implementation Services:
EU Standard Contractual Clauses (Module 4:
Processor-to-Controller)

Last modified: April 4, 2022

This is not the current version of this document and is provided for archival
purposes.

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Capitalized terms used but not defined in these Clauses
(including the Appendix) have the meanings given to them
in the agreement into which these Clauses are
incorporated (the "Agreement"). If the Agreement relates
to the resale or supply of Google Cloud Platform under a
Google Cloud partner or reseller program, then all
references in these Clauses to Customer mean Partner.

STANDARD CONTRACTUAL CLAUSES

**SECTION I **

***Clause 1 ***

**Purpose and scope **

(a) The purpose of these standard contractual clauses is
to ensure compliance with the requirements of Regulation
(EU) 2016/679 of the European Parliament and of the
Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and
on the free movement of such data (General Data Protection
Regulation) (1) for the transfer of personal data to a
third country.

(b) The Parties:

(i) the natural or legal
person(s), public authority/ies, agency/ies or other
body/ies (hereinafter ‘entity/ies’) transferring the
personal data, as listed in Annex I.A (hereinafter each
‘data exporter’), and

(ii) the entity/ies in a
third country receiving the personal data from the data
exporter, directly or indirectly via another entity also
Party to these Clauses, as listed in Annex I.A
(hereinafter each ‘data importer’)

have agreed to these standard
contractual clauses (hereinafter: ‘Clauses’).

(c) These Clauses apply with respect to the transfer of
personal data as specified in Annex I.B.

(d) The Appendix to these Clauses containing the Annexes
referred to therein forms an integral part of these
Clauses.

**Effect and invariability of the Clauses **

(a) These Clauses set out appropriate safeguards,
including enforceable data subject rights and effective
legal remedies, pursuant to Article 46(1) and Article
46(2)(c) of Regulation (EU) 2016/679 and, with respect to
data transfers from controllers to processors and/or
processors to processors, standard contractual clauses
pursuant to Article 28(7) of Regulation (EU) 2016/679,
provided they are not modified, except to select the
appropriate Module(s) or to add or update information in
the Appendix. This does not prevent the Parties from
including the standard contractual clauses laid down in
these Clauses in a wider contract and/or to add other
clauses or additional safeguards, provided that they do
not contradict, directly or indirectly, these Clauses or
prejudice the fundamental rights or freedoms of data
subjects.

(b) These Clauses are without prejudice to obligations to
which the data exporter is subject by virtue of Regulation
(EU) 2016/679.

***Clause 3 ***

**Third-party beneficiaries **

(a) Data subjects may invoke and enforce these Clauses,
as third-party beneficiaries, against the data exporter
and/or data importer, with the following exceptions:

(i) Clause 1, Clause 2,
Clause 3, Clause 6, Clause 7;

(ii) Clause 8 – Clause 8.1
(b) and Clause 8.3(b);

(iii) Clause 9 – Not
applicable;

(iv) Clause 12 – Not
applicable;

(v) Clause 13 - Not
applicable;

(vi) Clause 15.1(c), (d) and
(e);

(vii) Clause 16(e);

(viii) Clause 18.

(b) Paragraph (a) is without prejudice to rights of data
subjects under Regulation (EU) 2016/679.

***Clause 4 ***

**Interpretation **

(a) Where these Clauses use terms that are defined in
Regulation (EU) 2016/679, those terms shall have the same
meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the
light of the provisions of Regulation (EU) 2016/679.

(c) These Clauses shall not be interpreted in a way that
conflicts with rights and obligations provided for in
Regulation (EU) 2016/679.

***Clause 5 ***

**Hierarchy **

In the event of a contradiction between these Clauses and
the provisions of related agreements between the Parties,
existing at the time these Clauses are agreed or entered
into thereafter, these Clauses shall prevail.

***Clause 6 ***

**Description of the transfer(s) **

The details of the transfer(s), and in particular the
categories of personal data that are transferred and the
purpose(s) for which they are transferred, are specified
in Annex I.B.

***Clause 7 – Not used***

SECTION II – OBLIGATIONS OF THE PARTIES

***Clause 8 ***

**Data protection safeguards **

The data exporter warrants that it has used reasonable
efforts to determine that the data importer is able,
through the implementation of appropriate technical and
organisational measures, to satisfy its obligations under
these Clauses.

**8.1 Instructions **

(a) The data exporter shall process the personal data
only on documented instructions from the data importer
acting as its controller.

(b) The data exporter shall immediately inform the data
importer if it is unable to follow those instructions,
including if such instructions infringe Regulation (EU)
2016/679 or other Union or Member State data protection
law.

(c) The data importer shall refrain from any action that
would prevent the data exporter from fulfilling its
obligations under Regulation (EU) 2016/679, including in
the context of sub-processing or as regards cooperation
with competent supervisory authorities.

(d) After the end of the provision of the processing
services, the data exporter shall, at the choice of the
data importer, delete all personal data processed on
behalf of the data importer and certify to the data
importer that it has done so, or return to the data
importer all personal data processed on its behalf and
delete existing copies.

**8.2 Security of processing **

(a) The Parties shall implement appropriate technical and
organisational measures to ensure the security of the
data, including during transmission, and protection
against a breach of security leading to accidental or
unlawful destruction, loss, alteration, unauthorised
disclosure or access (hereinafter ‘personal data breach’).
In assessing the appropriate level of security, they shall
take due account of the state of the art, the costs of
implementation, the nature of the personal data
(7),
the nature, scope, context and purpose(s) of processing
and the risks involved in the processing for the data
subjects, and in particular consider having recourse to
encryption or pseudonymisation, including during
transmission, where the purpose of processing can be
fulfilled in that manner.

(b) The data exporter shall assist the data importer in
ensuring appropriate security of the data in accordance
with paragraph (a). In case of a personal data breach
concerning the personal data processed by the data
exporter under these Clauses, the data exporter shall
notify the data importer without undue delay after
becoming aware of it and assist the data importer in
addressing the breach.

(c) The data exporter shall ensure that persons
authorised to process the personal data have committed
themselves to confidentiality or are under an appropriate
statutory obligation of confidentiality.

**8.3 Documentation and compliance **

(a) The Parties shall be able to demonstrate compliance
with these Clauses.

(b) The data exporter shall make available to the data
importer all information necessary to demonstrate
compliance with its obligations under these Clauses and
allow for and contribute to audits.

***Clause 9 - Not applicable ***

***Clause 10 ***

**Data subject rights **

The Parties shall assist each other in responding to
enquiries and requests made by data subjects under the
local law applicable to the data importer or, for data
processing by the data exporter in the EU, under
Regulation (EU) 2016/679.

***Clause 11 ***

**Redress **

(a) The data importer shall inform data subjects in a
transparent and easily accessible format, through
individual notice or on its website, of a contact point
authorised to handle complaints. It shall deal promptly
with any complaints it receives from a data subject.

***Clause 12 ***

**Liability **

(a) Each Party shall be liable to the other Party/ies for
any damages it causes the other Party/ies by any breach of
these Clauses.

(b) Each Party shall be liable to the data subject, and
the data subject shall be entitled to receive
compensation, for any material or non-material damages
that the Party causes the data subject by breaching the
third-party beneficiary rights under these Clauses. This
is without prejudice to the liability of the data exporter
under Regulation (EU) 2016/679.

(c) Where more than one Party is responsible for any
damage caused to the data subject as a result of a breach
of these Clauses, all responsible Parties shall be jointly
and severally liable and the data subject is entitled to
bring an action in court against any of these
Parties.

(d) The Parties agree that if one Party is held liable
under paragraph (c), it shall be entitled to claim back
from the other Party/ies that part of the compensation
corresponding to its/their responsibility for the
damage.

(e) The data importer may not invoke the conduct of a
processor or sub-processor to avoid its own liability.

***Clause 13 - Not applicable***

SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS
BY PUBLIC AUTHORITIES

***Clause 14 ***

**Local laws and practices affecting compliance with the Clauses **

**Transfer processor to controller ***(where the EU processor combines the personal data received from the third country-controller with personal data collected by the processor in the EU) *

(a) The Parties warrant that they have no reason to
believe that the laws and practices in the third country
of destination applicable to the processing of the
personal data by the data importer, including any
requirements to disclose personal data or measures
authorising access by public authorities, prevent the data
importer from fulfilling its obligations under these
Clauses. This is based on the understanding that laws and
practices that respect the essence of the fundamental
rights and freedoms and do not exceed what is necessary
and proportionate in a democratic society to safeguard one
of the objectives listed in Article 23(1) of Regulation
(EU) 2016/679, are not in contradiction with these
Clauses.

(b) The Parties declare that in providing the warranty in
paragraph (a), they have taken due account in particular
of the following elements:

(i) the specific
circumstances of the transfer, including the length of the
processing chain, the number of actors involved and the
transmission channels used; intended onward transfers; the
type of recipient; the purpose of processing; the
categories and format of the transferred personal data;
the economic sector in which the transfer occurs; the
storage location of the data transferred;

(ii) the laws and practices
of the third country of destination– including those
requiring the disclosure of data to public authorities or
authorising access by such authorities – relevant in light
of the specific circumstances of the transfer, and the
applicable limitations and safeguards
(12);

(iii) any relevant
contractual, technical or organisational safeguards put in
place to supplement the safeguards under these Clauses,
including measures applied during transmission and to the
processing of the personal data in the country of
destination.

(c) The data importer warrants that, in carrying out the
assessment under paragraph (b), it has made its best
efforts to provide the data exporter with relevant
information and agrees that it will continue to cooperate
with the data exporter in ensuring compliance with these
Clauses.

(d) The Parties agree to document the assessment under
paragraph (b) and make it available to the competent
supervisory authority on request.

(e) The data importer agrees to notify the data exporter
promptly if, after having agreed to these Clauses and for
the duration of the contract, it has reason to believe
that it is or has become subject to laws or practices not
in line with the requirements under paragraph (a),
including following a change in the laws of the third
country or a measure (such as a disclosure request)
indicating an application of such laws in practice that is
not in line with the requirements in paragraph (a).

(f) Following a notification pursuant to paragraph (e),
or if the data exporter otherwise has reason to believe
that the data importer can no longer fulfil its
obligations under these Clauses, the data exporter shall
promptly identify appropriate measures (e.g. technical or
organisational measures to ensure security and
confidentiality) to be adopted by the data exporter and/or
data importer to address the situation . The data exporter
shall suspend the data transfer if it considers that no
appropriate safeguards for such transfer can be ensured,
or if instructed by the competent supervisory authority to
do so. In this case, the data exporter shall be entitled
to terminate the contract, insofar as it concerns the
processing of personal data under these Clauses. If the
contract involves more than two Parties, the data exporter
may exercise this right to termination only with respect
to the relevant Party, unless the Parties have agreed
otherwise. Where the contract is terminated pursuant to
this Clause, Clause 16(d) and (e) shall apply.

***Clause 15 ***

**Obligations of the data importer in case of access by public authorities **

**Transfer processor to controller ***(where the EU processor combines the personal data received from the third country-controller with personal data collected by the processor in the EU) *

**15.1 Notification **

(a) The data importer agrees to notify the data exporter
and, where possible, the data subject promptly (if
necessary with the help of the data exporter) if it:

(i) receives a legally
binding request from a public authority, including
judicial authorities, under the laws of the country of
destination for the disclosure of personal data
transferred pursuant to these Clauses; such notification
shall include information about the personal data
requested, the requesting authority, the legal basis for
the request and the response provided; or

(ii) becomes aware of any
direct access by public authorities to personal data
transferred pursuant to these Clauses in accordance with
the laws of the country of destination; such notification
shall include all information available to the importer.

(b) If the data importer is prohibited from notifying the
data exporter and/or the data subject under the laws of
the country of destination, the data importer agrees to
use its best efforts to obtain a waiver of the
prohibition, with a view to communicating as much
information as possible, as soon as possible. The data
importer agrees to document its best efforts in order to
be able to demonstrate them on request of the data
exporter.

(c) Where permissible under the laws of the country of
destination, the data importer agrees to provide the data
exporter, at regular intervals for the duration of the
contract, with as much relevant information as possible on
the requests received (in particular, number of requests,
type of data requested, requesting authority/ies, whether
requests have been challenged and the outcome of such
challenges, etc.).

(d) The data importer agrees to preserve the information
pursuant to paragraphs (a) to (c) for the duration of the
contract and make it available to the competent
supervisory authority on request.

(e) Paragraphs (a) to (c) are without prejudice to the
obligation of the data importer pursuant to Clause 14(e)
and Clause 16 to inform the data exporter promptly where
it is unable to comply with these Clauses.

**15.2 Review of legality and data minimisation **

(a) The data importer agrees to review the legality of
the request for disclosure, in particular whether it
remains within the powers granted to the requesting public
authority, and to challenge the request if, after careful
assessment, it concludes that there are reasonable grounds
to consider that the request is unlawful under the laws of
the country of destination, applicable obligations under
international law and principles of international comity.
The data importer shall, under the same conditions, pursue
possibilities of appeal. When challenging a request, the
data importer shall seek interim measures with a view to
suspending the effects of the request until the competent
judicial authority has decided on its merits. It shall not
disclose the personal data requested until required to do
so under the applicable procedural rules. These
requirements are without prejudice to the obligations of
the data importer under Clause 14(e).

(b) The data importer agrees to document its legal
assessment and any challenge to the request for disclosure
and, to the extent permissible under the laws of the
country of destination, make the documentation available
to the data exporter. It shall also make it available to
the competent supervisory authority on request.

(c) The data importer agrees to provide the minimum
amount of information permissible when responding to a
request for disclosure, based on a reasonable
interpretation of the request.

SECTION IV – FINAL PROVISIONS

***Clause 16 ***

**Non-compliance with the Clauses and termination **

(a) The data importer shall promptly inform the data
exporter if it is unable to comply with these Clauses, for
whatever reason.

(b) In the event that the data importer is in breach of
these Clauses or unable to comply with these Clauses, the
data exporter shall suspend the transfer of personal data
to the data importer until compliance is again ensured or
the contract is terminated. This is without prejudice to
Clause 14(f).

(c) The data exporter shall be entitled to terminate the
contract, insofar as it concerns the processing of
personal data under these Clauses, where:

(i) the data exporter has
suspended the transfer of personal data to the data
importer pursuant to paragraph (b) and compliance with
these Clauses is not restored within a reasonable time and
in any event within one month of suspension;

(ii) the data importer is in
substantial or persistent breach of these Clauses;
or

(iii) the data importer fails
to comply with a binding decision of a competent court or
supervisory authority regarding its obligations under
these Clauses.

In these cases, it shall inform the competent supervisory
authority of such non-compliance. Where the contract
involves more than two Parties, the data exporter may
exercise this right to termination only with respect to
the relevant Party, unless the Parties have agreed
otherwise.

(d) Personal data collected by the data exporter in the
EU that has been transferred prior to the termination of
the contract pursuant to paragraph (c) shall immediately
be deleted in its entirety, including any copy thereof.
The data importer shall certify the deletion of the data
to the data exporter. Until the data is deleted or
returned, the data importer shall continue to ensure
compliance with these Clauses. In case of local laws
applicable to the data importer that prohibit the return
or deletion of the transferred personal data, the data
importer warrants that it will continue to ensure
compliance with these Clauses and will only process the
data to the extent and for as long as required under that
local law.

(e) Either Party may revoke its agreement to be bound by
these Clauses where (i) the European Commission adopts a
decision pursuant to Article 45(3) of Regulation (EU)
2016/679 that covers the transfer of personal data to
which these Clauses apply; or (ii) Regulation (EU)
2016/679 becomes part of the legal framework of the
country to which the personal data is transferred. This is
without prejudice to other obligations applying to the
processing in question under Regulation (EU) 2016/679.

***Clause 17 ***

**Governing law **

These Clauses shall be governed by the law of a country
allowing for third-party beneficiary rights. The Parties
agree that this shall be the law of Ireland
(*specify country*).

***Clause 18 ***

**Choice of forum and jurisdiction **

Any dispute arising from these Clauses shall be resolved
by the courts of Ireland (*specify country*).

(1)
Where the data exporter is a processor subject to
Regulation (EU) 2016/679 acting on behalf of a Union
institution or body as controller, reliance on these
Clauses when engaging another processor (sub-processing)
not subject to Regulation (EU) 2016/679 also ensures
compliance with Article 29(4) of Regulation (EU) 2018/1725
of the European Parliament and of the Council of 23
October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union
institutions, bodies, offices and agencies and on the free
movement of such data, and repealing Regulation (EC)
No 45/2001 and Decision No 1247/2002/EC (OJ L 295,
21.11.2018, p. 39), to the extent these Clauses and the
data protection obligations as set out in the contract or
other legal act between the controller and the processor
pursuant to Article 29(3) of Regulation (EU) 2018/1725 are
aligned. This will in particular be the case where the
controller and processor rely on the standard contractual
clauses included in Decision 2021/915.

(2)
Not applicable

(3)
Not applicable

(4)
Not applicable

(5)
Not applicable

(6)
Not applicable

(7)
This includes whether the transfer and further processing
involves personal data revealing racial or ethnic origin,
political opinions, religious or philosophical beliefs, or
trade union membership, genetic data or biometric data for
the purpose of uniquely identifying a natural person, data
concerning health or a person’s sex life or sexual
orientation, or data relating to criminal convictions or
offences.

(8)
Not applicable

(9)
Not applicable

(10)
Not applicable

(11)
Not applicable

(12)
As regards the impact of such laws and practices on
compliance with these Clauses, different elements may be
considered as part of an overall assessment. Such elements
may include relevant and documented practical experience
with prior instances of requests for disclosure from
public authorities, or the absence of such requests,
covering a sufficiently representative time-frame. This
refers in particular to internal records or other
documentation, drawn up on a continuous basis in
accordance with due diligence and certified at senior
management level, provided that this information can be
lawfully shared with third parties. Where this practical
experience is relied upon to conclude that the data
importer will not be prevented from complying with these
Clauses, it needs to be supported by other relevant,
objective elements, and it is for the Parties to consider
carefully whether these elements together carry sufficient
weight, in terms of their reliability and
representativeness, to support this conclusion. In
particular, the Parties have to take into account whether
their practical experience is corroborated and not
contradicted by publicly available or otherwise
accessible, reliable information on the existence or
absence of requests within the same sector and/or the
application of the law in practice, such as case law and
reports by independent oversight bodies.

**APPENDIX**

EXPLANATORY NOTE:

It must be possible to clearly distinguish the
information applicable to each transfer or category of
transfers and, in this regard, to determine the respective
role(s) of the Parties as data exporter(s) and/or data
importer(s). This does not necessarily require completing
and signing separate appendices for each transfer/category
of transfers and/or contractual relationship, where this
transparency can achieved through one appendix. However,
where necessary to ensure sufficient clarity, separate
appendices should be used.

**ANNEX ****I**

**A. LIST OF PARTIES **

**Data exporter(s): **

Name: Google

Address: As specified in the Agreement.

Contact person’s name, position and contact details:
Contact details for the data exporter are specified in the
Agreement. The data exporter’s data protection team can be
contacted as described in the Data Processing and Security
Terms at
https://cloud.google.com/terms/data-processing-terms
(“DPST (Customers)”), the Data Processing and Security
Terms at
https://cloud.google.com/terms/data-processing-terms/partner (“DPST
(Partners)”) or the Data Processing Amendment at
https://workspace.google.com/terms/dpa_terms.html
(“DPA”), as applicable.

Activities relevant to the data transferred under these
Clauses: The data exporter provides the Services to the
data importer in accordance with the Agreement. Those
Services may include advisory, consulting or
implementation services if ordered by the data importer
from the data exporter in relation to Google Cloud
Platform, Google Workspace or Cloud Identity
(“Implementation Services”).

Signature and date: The parties agree that execution of
the Agreement by the data importer and the data exporter
shall constitute execution of these Clauses by both
parties (a) as of 27 September 2021, where the Effective
Date is on or before 27 September 2021, or (b) otherwise,
as of the Effective Date.

Role (controller/processor): processor

**Data importer(s): **

Name: Customer

Address: As specified in the Agreement.

Contact person’s name, position and contact details:
Contact details for the data importer are specified in the
Agreement. Details about the data importer’s data
protection officer are available to the data exporter in
the Admin Console for Google Cloud Platform, Google
Workspace or Cloud Identity (where such details have been
provided by the data importer).

Activities relevant to the data transferred under these
Clauses: The data exporter provides the Services,
including any applicable Implementation Services, to the
data importer in accordance with the Agreement.

Signature and date: The parties agree that execution of
the Agreement by the data importer and the data exporter
shall constitute execution of these Clauses by both
parties (a) as of 27 September 2021, where the Effective
Date is on or before 27 September 2021, or (b) otherwise,
as of the Effective Date.

Role (controller/processor): controller and/or processor,
as applicable.

**B. DESCRIPTION OF TRANSFER**

*Categories of data subjects whose personal data is transferred *

Data subjects are the individuals whose personal data is
processed by the data exporter under the data importer's
instructions as specified in the Agreement (“Transferred
Personal Data”). These individuals may include, for
example: employees, other staff such as contractors and
temporary workers, customers and clients (including their
staff), other end users, suppliers (including their
staff), relatives and associates of the above, advisers,
consultants and other professional experts, shareholders,
members or supporters, and students and pupils.

*Categories of personal data transferred *

Transferred Personal Data may include, for
example:

   - Personal details, including any information that
identifies the data subject and their personal
characteristics, including: name, address, contact
details, age, date of birth, sex, and physical
description.

   - Employment details, including information relating to
the employment of the data subject, including employment
and career history, recruitment and termination details,
attendance records, performance appraisals, training
records, and security records.

   - Financial details, including information relating to
the financial affairs of the data subject, including
income, salary, assets and investments, payments, credit
worthiness, loans, benefits, grants, insurance details,
and pension information.

   - Education and training details, including information
which relates to the education and any professional
training of the data subject, including academic
records, qualifications, skills, training records,
professional expertise, student and pupil records.

   - Personal details issued as an identifier by a public
authority, including passport details, national
insurance numbers, identity card numbers, driving
licence details.

   - Family, lifestyle and social circumstances, including
any information relating to the family of the data
subject and the data subject’s lifestyle and social
circumstances, including details of family and other
household members, habits, housing, travel details,
leisure activities, and membership of charitable or
voluntary organisations.

*Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures. *

Transferred Personal Data may include special categories
of personal data (as defined in the GDPR). This may
include, for example: personal data revealing racial or
ethnic origin, political opinions, religious or
philosophical beliefs, or trade union membership, and the
processing of genetic data, biometric data for the purpose
of uniquely identifying a natural person, data concerning
health or data concerning a natural person’s sex life or
sexual orientation.

The restrictions and safeguards specified in Appendix 2
to the DPST (Customers), DPST (Partners), DPA or a Data
Processing Addendum for any Implementation Services, as
applicable, apply to these categories of personal data (if
any).

*The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis). *

Transferred Personal Data may be transferred on a
continuous basis until it is deleted in accordance with
the terms of the DPST (Customers), DPST (Partners) or DPA,
as applicable.

*Nature of the processing *

The data exporter will process Transferred Personal Data
to provide, secure and monitor the Services and any
applicable TSS in accordance with the Agreement.

*Purpose(s) of the data transfer and further processing *

The data exporter will process Transferred Personal Data
to provide, secure and monitor the Services and any
applicable TSS in accordance with the Agreement.

*The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period *

The data exporter will retain Transferred Personal Data
until its deletion in accordance with the provisions of
the DPST (Customers), DPST (Partners) or DPA, as
applicable.

*For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing Not applicable*

****C. COMPETENT SUPERVISORY AUTHORITY - Not applicable**

**ANNEX II - Not applicable **

**ANNEX III - Not applicable**

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