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Google Cloud Platform,
Workspace & Cloud Identity: EU Standard Contractual
Clauses (Module 3: Processor-to-Processor, Google Exporter)
Last modified: September 24, 2021
This is not the current version of this document and is provided for archival
purposes.
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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.
***Clause 2 ***
**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(a), (c)
and (d) and Clause 8.9(a), (c), (d), (e), (f) and (g);
(iii) Clause 9 – Clause 9(a), (c),
(d) and (e);
(iv) Clause 12 – Clause 12(a), (d)
and (f);
(v) Clause 13;
(vi) Clause 15.1(c), (d) and
(e);
(vii) Clause 16(e);
(viii) Clause 18 – Clause 18(a) and
(b);
(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.