Home PageData Processing Addendum
This Data Processing Addendum (this “Addendum”) is incorporated into and forms part of the Terms and Conditions (which govern all access to or use of the Services set forth in Orders referencing the Terms and form the parties “Agreement”) between Civil Company Southmedia Marketing (“Southmedia”) and the Client identified in the Agreement (“Client”) and is effective as of the Effective Date (as defined in the Agreement).
Capitalized terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Agreement. Except as expressly modified below, the terms of the Agreement shall remain in full force and effect.
The parties hereby agree that the terms and conditions set out below shall be added as an addendum to the Agreement. The following obligations shall only apply to the extent required by Data Protection Laws with regard to the relevant Client Personal Data, if applicable.
1. Definitions
1.1 “Controller” means an entity that determines the purposes and means of the Processing of Personal Data.
1.2 “Client Personal Data” means Personal Data contained in Client Content that is Processed by Southmedia on behalf of Client to perform the Services under the Agreement.
1.3 “Data Protection Laws” means the data privacy and security laws and regulations of any jurisdiction applicable to the Processing of Client Personal Data, including, in each case to the extent applicable, European Data Protection Laws and United States Data Protection Laws.
1.4 “Data Subject” means the identified or identifiable natural person who is the subject of Personal Data.
1.5 “European Data Protection Laws” means, in each case to the extent applicable: (a) the EU General Data Protection Regulation 2016/679 (“GDPR”); (b) the GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (“UK GDPR”), the Data Protection Act of 2018, and all other laws relating to data protection, the processing of personal data, privacy, or electronic communications in force from time to time in the United Kingdom (collectively, “UK Data Protection Laws”); (c) the Swiss Federal Act on Data Protection (“Swiss FADP”); and (d) any other applicable law, rule, or regulation related to the protection of Client Personal Data in the European Economic Area, United Kingdom, or Switzerland that is already in force or that will come into force during the term of this Addendum.
1.6 “Personal Data” means information that constitutes “personal information,” “personal data,” “personally identifiable information,” or similar term under Data Protection Laws.
1.7 “Process” means any operation or set of operations performed upon Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, alignment, combination, restriction, erasure, destruction or disclosure by transmission, dissemination or otherwise making available.
1.8 “Processor” means an entity that Processes Personal Data on behalf of a Controller.
1.9 “Security Incident” means a breach of Southmedia’s security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Client Personal Data in Southmedia’s possession, custody, or control. “Security Incident” does not include unsuccessful attempts or activities that do not compromise the security of Client Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, or other network attacks on firewalls or networked systems.
1.10 “Standard Contractual Clauses” means, as applicable, Module Two (Transfer controller to processor) or Module Three (Transfer processor to processor) of the standard contractual clauses approved by the European Commission’s implementing decision (C(2021)3972) of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/678 or the European Parliament and of the Council (available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0914&qid=1688587744942), as supplemented or modified by Appendix 2.
1.11 “Subprocessor” means any Processor appointed by Southmedia to Process Client Personal Data on behalf of Client under the Agreement.
1.12 “Supervisory Authority” means an independent competent public authority established or recognized under Data Protection Laws.
1.13 “United States Data Protection Laws” means, in each case to the extent applicable: (a) the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, when effective, and its implementing regulations (collectively, “CCPA”); (b) the Virginia Consumer Data Protection Act (“VCPDA”), when effective; (c) the Colorado Privacy Act and its implementing regulations (“CPA”), when effective; (d) the Utah Consumer Privacy Act (“UCPA”), when effective; (e) Connecticut SB6, An Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”), when effective; and (f) any other applicable law or regulation related to the protection of Client Personal Data in the United States that is already in force or that will come into force during the term of this Addendum.
2. PROCESSING OF CLIENT PERSONAL DATA.
2.1 Roles of the Parties; Compliance. The parties acknowledge and agree that, as between the parties, with regard to the Processing of Client Personal Data under the Agreement, Client is a Controller and Southmedia is a Processor. In some circumstances, the parties acknowledge that Client may be acting as a Processor to a third-party Controller in respect of Client Personal Data, in which case Southmedia will remain a Processor with respect to the Client in such event. Each party will comply with the obligations applicable to it in such role under Data Protection Laws with respect to the Processing of Client Personal Data.
2.2 Client Instructions. Southmedia will Process Client Personal Data only in accordance with Client’s documented instructions unless otherwise required by applicable law, in which case Southmedia will inform Client of such Processing unless notification is prohibited by applicable law. Client hereby instructs Southmedia to Process Client Personal Data: (a) to provide the Services to Client; (b) to perform its obligations and exercise its rights under the Agreement and this Addendum; and (c) as necessary to prevent or address technical problems with the Services. Southmedia will notify Client if, in its opinion, an instruction of Client infringes upon Data Protection Laws. Client’s instructions for the Processing of Client Personal Data shall comply with Data Protection Laws. Client shall be responsible for: (i) giving adequate notice and making all appropriate disclosures to Data Subjects regarding Client’s use and disclosure and Southmedia’s Processing of Client Personal Data; and (ii) obtaining all necessary rights, and, where applicable, all appropriate and valid consents to disclose such Client Personal Data to Southmedia to permit the Processing of such Client Personal Data by Southmedia for the purposes of performing Southmedia’s obligations under the Agreement or as may be required by Data Protection Laws. Client shall notify Southmedia of any changes in, or revocation of, the permission to use, disclose, or otherwise Process Client Personal Data that would impact Southmedia’s ability to comply with the Agreement, this Addendum, or Data Protection Laws.
2.3 Details of Processing. The parties acknowledge and agree that the nature and purpose of the Processing of Client Personal Data, the types of Client Personal Data Processed, the categories of Data Subjects, and other details regarding the Processing of Client Personal Data are as set forth in Appendix 1.
2.4 Processing Subject to the CCPA. As used in this Section 2.4, the terms “Sell,” “Share,” “Business Purpose,” and “Commercial Purpose” shall have the meanings given in the CCPA and “Personal Information” shall mean any personal information (as defined in the CCPA) contained in Client Personal Data. Southmedia will not: (a) Sell or Share any Personal Information; (b) retain, use, or disclose any Personal Information (i) for any purpose other than for the Business Purposes specified in the Agreement, including for any Commercial Purpose other than the Business Purposes specified in the Agreement, or as otherwise permitted by the CCPA, or (ii) outside of the direct business relationship between Client and Southmedia; or (c) combine Personal Information received from, or on behalf of, Client with Personal Data received from or on behalf of any third party, or collected from Southmedia’s own interaction with Data Subjects, except to perform any Business Purpose permitted by the CCPA. Southmedia hereby certifies that it understands the foregoing restrictions under this Section 2.4 and will comply with them. The parties acknowledge that the Personal Information disclosed by Client to Southmedia is provided to Southmedia only for the limited and specified purposes set forth in the Agreement and this Addendum. Southmedia will comply with applicable obligations under the CCPA and provide the same level of privacy protection to Personal Information as is required by the CCPA. Client has the right to take reasonable and appropriate steps to help ensure that Southmedia uses the Personal Information transferred in a manner consistent with Client’s obligations under the CCPA by exercising Client’s audit rights in Section 8. Southmedia will notify Client if it makes a determination that Southmedia can no longer meet its obligations under the CCPA. If Southmedia notifies Client of unauthorized use of Personal Information, including under the foregoing sentence, Client will have the right to take reasonable and appropriate steps to stop and remediate such unauthorized use by limiting the Personal Information shared with Southmedia, terminating the portion of the Agreement relevant to such unauthorized use, or such other steps mutually agreed between the parties in writing.
3. CONFIDENTIALITY.
Southmedia shall take reasonable steps to ensure that Southmedia personnel who Process Client Personal Data are subject to obligations of confidentiality or are under an appropriate statutory obligation of confidentiality with respect to such Client Personal Data.
4. SECURITY.
4.1 Security Measures. Taking into account the state of the art, the costs of implementation and the nature, scope, context, and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Southmedia shall implement appropriate technical and organizational measures designed to ensure a level of security appropriate to the risk.
4.2 Security Incidents. Upon becoming aware of a confirmed Security Incident, Southmedia will: (a) notify Client of the Security Incident within twenty-four (24) hours of becoming aware of it and provide an initial report within seventy-two (72) hours containing details required for regulatory notifications under PDPL/GDPR after becoming aware of the Security Incident; and (b) take reasonable steps to identify the cause of such Security Incident, minimize harm, and prevent a recurrence. Southmedia will take reasonable steps to provide Client with information available to Southmedia that Client may reasonably require to comply with its obligations under Data Protection Laws. Southmedia’s notification of or response to a Security Incident under this Section 4.2 will not be construed as an acknowledgement by Southmedia of any fault or liability with respect to the Security Incident.
4.3 Client Responsibilities. Client agrees that, without limitation of Southmedia’s obligations under this Section 4, Client is solely responsible for its use of the Services, including: (a) making appropriate use of the Services to ensure a level of security appropriate to the risk in respect of the Client Personal Data; and (b) securing any account authentication credentials, systems, and devices Client uses to access or connect to the Services, where applicable. Without limiting Southmedia’s obligations hereunder, Client is responsible for reviewing the information made available by Southmedia relating to data security and making an independent determination as to whether the Services meet Client’s requirements and legal obligations under Data Protection Laws.
5. SUBPROCESSING.
Subject to the requirements of this Section 5, Client generally authorizes Southmedia to engage Subprocessors as Southmedia considers reasonably appropriate for the Processing of Client Personal Data. A list of Southmedia’s Subprocessors, including their functions and locations, is available upon Client’s request and may be updated by Southmedia from time to time in accordance with this Section 5. Southmedia will notify Client of the addition or replacement of any Subprocessor at least 30 days prior to such engagement. Client may object to such changes on reasonable data protection grounds by providing Southmedia written notice of such objection within 10 days. Upon receiving such an objection, where practicable and at Southmedia’s sole discretion Southmedia will use commercially reasonable efforts to: (a) work with Client in good faith to make available a commercially reasonable change in the provision of the Services which avoids the use of that proposed Subprocessor; or (b) take corrective steps requested by Client in its objection and proceed to use the new Subprocessor. If Southmedia informs Client that such change or corrective steps cannot be made, Client may, as its sole and exclusive remedy available under this Section 5, terminate the relevant portion of the Agreement involving the Services which require the use of the proposed Subprocessor by providing written notice to Southmedia. When engaging any Subprocessor, Southmedia will enter into a written contract with such Subprocessor containing data protection obligations not less protective than those in this Addendum. Southmedia shall be liable for the acts and omissions of the Subprocessor to the extent Southmedia would be liable under the Agreement and this Addendum.
6. DATA SUBJECT RIGHTS.
Southmedia will, taking into account the nature of the Processing of Client Personal Data and the functionality of the Services, provide reasonable assistance to Client by appropriate technical and organizational measures, insofar as this is possible, as necessary for Client to fulfill its obligations under Data Protection Laws to respond to requests by Data Subjects to exercise their rights under Data Protection Laws. Southmedia reserves the right to charge Client on a time and materials basis in the event that Southmedia considers that such assistance is onerous, complex, frequent, or time consuming. If Southmedia receives a request from a Data Subject under any Data Protection Laws with respect to Client Personal Data, Southmedia will advise the Data Subject to submit the request to Client and Client will be responsible for responding to any such request.
7. ASSESSMENTS AND PRIOR CONSULTATIONS.
In the event that Data Protection Laws require Client to conduct a data protection impact assessment, transfer impact assessment, or prior consultation with a Supervisory Authority in connection with Southmedia’s Processing of Client Personal Data, following written request from Client, Southmedia shall use reasonable commercial efforts to provide relevant information and assistance to Client to fulfill such request, taking into account the nature of Southmedia’s Processing of Client Personal Data and the information available to Southmedia. Southmedia reserves the right to charge Client on a time and materials basis in the event that Southmedia considers that such assistance is onerous, complex, frequent, or time consuming.
8. RELEVANT RECORDS AND AUDIT RIGHTS.
8.1 Review of Information and Records. Upon Client’s reasonable written request, Southmedia will make available to Client all information in Southmedia’s possession reasonably necessary to demonstrate Southmedia’s compliance with Data Protection Laws and Southmedia’s obligations set out in this Addendum. Such information will be made available to Client no more than once per calendar year and subject to the confidentiality obligations of the Agreement or a mutually-agreed non-disclosure agreement.
8.2 Audits. If Client requires information for its compliance with Data Protection Laws in addition to the information provided under Section 8.1, at Client’s sole expense and to the extent Client is unable to access the additional information on its own, Southmedia will allow for, cooperate with, and contribute to reasonable assessments and audits, including inspections, by Client or an auditor mandated by Client (“Mandated Auditor”), provided that (a) Client provides Southmedia with reasonable advance written notice including the anticipated date of the audit, the proposed scope of the audit, and the identity of any Mandated Auditor, which shall not be a competitor of Southmedia; (b) Southmedia approves the Mandated Auditor in writing, with such approval not to be unreasonably withheld; (c) the audit is conducted during normal business hours and in a manner that does not have any adverse impact on Southmedia’s normal business operations; (d) Client or any Mandated Auditor complies with Southmedia’s standard safety, confidentiality, and security policies or procedures in conducting any such audits; (e) any records, data, or information accessed by Client or any Mandated Auditor in the performance of any such audit, or any results of any such audit, will be deemed to be the Confidential Information of Southmedia and subject to a nondisclosure agreement to be provided by Southmedia; and (f) Client may initiate such audit not more than once per calendar year unless otherwise required by a Supervisory Authority or Data Protection Laws.
8.3 Results of Audits. Client will promptly notify Southmedia of any non-compliance discovered during the course of an audit and provide Southmedia any reports generated in connection with any audit under this Section, unless prohibited by Data Protection Laws or otherwise instructed by a Supervisory Authority. Client may use the audit reports solely for the purposes of meeting Client’s audit requirements under Data Protection Laws to confirm that Southmedia’s Processing of Client Personal Data complies with this Addendum.
9. DATA TRANSFERS.
9.1 Data Processing Facilities. Southmedia may, subject to Sections 9.2 and 9.3, Process Client Personal Data in the United States or anywhere Southmedia or its Subprocessors maintains facilities. Client is responsible for ensuring that its use of the Services complies with any cross-border data transfer restrictions of Data Protection Laws. Notwithstanding the foregoing, for Client Personal Data subject to UAE PDPL, Processor shall not transfer such data outside the UAE unless , the recipient country provides an adequate level of protection as per UAE Data Office, Client has given explicit written consent, or appropriate safeguards (such as SCCs) are in place.
9.2 European Transfers. If Client transfers Client Personal Data to Southmedia that is subject to European Data Protection Laws, and such transfer is not subject to an alternative adequate transfer mechanism under European Data Protection Laws or otherwise exempt from cross-border transfer restrictions, then Client (as “data exporter”) and Southmedia (as “data importer”) agree that the applicable terms of the Standard Contractual Clauses shall apply to and govern such transfer and are hereby incorporated herein by reference. In furtherance of the foregoing, the parties agree that: (a) the execution of this Addendum shall constitute execution of the applicable Standard Contractual Clauses as of the Addendum Effective Date; (b) the relevant selections, terms, and modifications set forth in Appendix 2 shall apply, as applicable; and (c) the Standard Contractual Clauses shall automatically terminate once the Client Personal Data transfer governed thereby becomes lawful under European Data Protection Laws in the absence of such Standard Contractual Clauses on any other basis.
9.3 Other Jurisdictions. If Client transfers Client Personal Data to Southmedia that is subject to Data Protection Laws other than European Data Protection Laws which require the parties to enter into standard contractual clauses to ensure the protection of the transferred Client Personal Data, and the transfer is not subject to an alternative adequate transfer mechanism under Data Protection Laws or otherwise exempt from cross-border transfer restrictions, then the parties agree that the applicable terms of any standard contractual clauses approved or adopted by the relevant Supervisory Authority pursuant to such Data Protection Laws shall automatically apply to such transfer and, where applicable, shall be completed on a mutatis mutandis basis to the completion of the Standard Contractual Clauses as described in Section 9.2.
10. DELETION OR RETURN OF Client PERSONAL DATA.
Southmedia will delete or return Client Personal Data in accordance with the terms of the Agreement.
11. MODIFICATIONS TO THIS ADDENDUM.
In the event that a modification to this Addendum is required for compliance with Data Protection Laws, Southmedia may modify this Addendum by notifying Client at least 30 days (or such shorter period as may be required to comply with Data Protection Laws) before the change will take effect by either (a) providing notice in accordance with the Agreement, or (b) alerting Client via the Services. If Client objects to any such modification, Client may immediately terminate this Addendum and the Agreement for convenience by giving written notice to Southmedia within 30 days of being informed by Southmedia of the modification.
12. GENERAL TERMS.
This Addendum will, notwithstanding the expiration or termination of the Agreement, remain in effect until, and automatically expire upon, Southmedia’s deletion or return of all Client Personal Data. Should any provision of this Addendum be invalid or unenforceable, then the remainder of this Addendum shall remain valid and in force. The invalid or unenforceable provision shall be either (a) amended as necessary to ensure its validity and enforceability, while preserving the intent of the provision as closely as possible; or, if this is not possible, (b) construed in a manner as if the invalid or unenforceable part had never been contained therein. To the extent of any conflict or inconsistency between this Addendum and the other terms of the Agreement in relation to the Processing of Client Personal Data, this Addendum will govern. Unless otherwise expressly stated herein, the parties will provide notices under this Addendum in accordance with the Agreement, provided that all such notices may be sent via email. Any liabilities arising in respect of this Addendum are subject to the limitations of liability under the Agreement. This Addendum will be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.
APPENDIX 1: DETAILS OF PROCESSING OF CLIENT PERSONAL DATA
1. Subject matter and duration of the Processing of Client Personal Data
The subject matter and duration of the Processing are as described in the Agreement and the Addendum.
2. Nature and purpose of the Processing of Client Personal Data
The nature and purpose of the Processing are those activities reasonably required to facilitate or support the provision of the Services as described in the Agreement and the Addendum.
3. The categories of Data Subjects to whom Client Personal Data relates
The categories of Data Subjects shall be as is contemplated or related to the Processing described in the Agreement, and may include Client’s Authorized Users, call center agents, and Clients (individuals engaging with Client’s Contact Center).
4. The categories of Client Personal Data
The categories of Client Personal Data Processed are those categories contemplated in and permitted by Agreement, and may include first and last name, login information, phone numbers, call event data, and recordings of communications (e.g., voice, chat, SMS, and email).
5. The sensitive data included in Client Personal Data
The categories of sensitive data, if any, are determined by the Client.
6. The frequency of Client’s transfer of Client Personal Data to Southmedia:
If applicable, on a continuous basis for the term of the Agreement.
7. The period for which Client Personal Data will be retained, or, if that is not possible, the criteria used to determine that period:
As set forth in the Addendum or the Agreement.
8. For transfers to Subprocessors, the subject matter, nature and duration of the Processing of Client Personal Data:
If applicable, as set forth in the Addendum or the Agreement.
APPENDIX 2: STANDARD CONTRACTUAL CLAUSES
1. Application of Modules. If Client is acting as a Controller with respect to Client Personal Data, “Module Two: Transfer controller to processor” of the Standard Contractual Clauses shall apply. If Client is acting as a Processor to a third-party Controller with respect to Client Personal Data, Southmedia is a sub-Processor and “Module Three: Transfer processor to processor” of the Standard Contractual Clauses shall apply.
2. Sections I-V. The parties agree to the following selections in Sections I-IV of the Standard Contractual Clauses: (a) the parties select Option 2 in Clause 9(a) and the specified time period shall be the notification time period set forth in Section 5 of the Addendum; (b) the optional language in Clause 11(a) is omitted; (c) the parties select Option 1 in Clause 17 and the governing law of the Republic of Ireland will apply; and (d) in Clause 18(b), the parties select the courts of the Republic of Ireland. For clarity, the choice of Irish law and courts applies solely to disputes under the SCCs and does not amend the governing law and jurisdiction for the rest of the Agreement, which remain UAE law and Dubai courts.
3. Annexes. The name, address, contact details, activities relevant to the transfer, and role of the parties set forth in the Agreement and the Addendum shall be used to complete Annex I.A. of the Standard Contractual Clauses. The information set forth in Appendix 1 to the Addendum shall be used to complete Annex I.B. of the Standard Contractual Clauses. The competent supervisory authority in Annex I.C. of the Standard Contractual Clauses shall be the relevant supervisory authority determined by Clause 13 and the GDPR, unless otherwise set forth in Sections 5 or 6 of this Appendix 2. If such determination is not clear, then the competent supervisory authority shall be the Irish Data Protection Authority. The technical and organizational measures in Annex II of the Standard Contractual Clauses shall be the measures set forth in Section 4 of the Addendum.
4. Supplemental Business-Related Clauses. In accordance with Clause 2 of the Standard Contractual Clauses, the parties wish to supplement the Standard Contractual Clauses with business-related clauses, which shall neither be interpreted nor applied in such a way as to contradict the Standard Contractual Clauses (whether directly or indirectly) or to prejudice the fundamental rights and freedoms of Data Subjects. Southmedia and Client therefore agree that the applicable terms of the Agreement and the Addendum shall apply if, and to the extent that, they are permitted under the Standard Contractual Clauses, including without limitation the following:
(a) Instructions. The instructions described in Clause 8.1 are set forth in Section 2.2 of the Addendum.
(b) Protection of Confidentiality. In the event a Data Subject requests a copy of the Standard Contractual Clauses or the Addendum under Clause 8.3, Client shall make all redactions reasonably necessary to protect business secrets or other confidential information of Southmedia.
(c) Deletion or Return. Deletion or return of Client Personal Data by Southmedia under the Standard Contractual Clauses shall be governed by Section 10 of the Addendum. Certification of deletion of Client Personal Data under Clause 8.5 or Clause 16(d) will be provided by Southmedia upon the written request of Client.
(d) Onward Transfers. Southmedia shall be deemed in compliance with Clause 8.8 to the extent such onward transfers occur in accordance with Article 4 of the Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
(e) Audits and Certifications. Any information requests or audits provided for in Clause 8.9 shall be fulfilled in accordance with Section 8 of the Addendum.
(f) Liability. The relevant terms of the Agreement which govern indemnification or limitation of liability shall apply to Southmedia’s liability under Clauses 12(a), 12(d), and 12(f).
(g) Termination. The relevant terms of the Agreement which govern termination shall apply to a termination pursuant to Clauses 14(f) or 16.
5. Transfers from the United Kingdom. If Client transfers Client Personal Data to Southmedia that is subject to UK Data Protection Laws, the parties acknowledge and agree that: (a) the template addendum issued by the Information Commissioner’s Office of the United Kingdom and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022 (available at: https://ico.org.uk/media/for-organisations/documents/4019539/international-data-transfer-addendum.pdf), as it may be revised from time to time by the Information Commissioner’s Office (the “UK Addendum”) shall be incorporated by reference herein; (b) the UK Addendum shall apply to and modify the Standard Contractual Clauses solely to the extent that UK Data Protection Laws apply to Client’s Processing when making the transfer; (c) the information required to be set forth in “Part 1: Tables” of the UK Addendum shall be completed using the information provided in this Appendix 2 and the Addendum; and (d) either party may end the UK Addendum in accordance with section 19 thereof.
6. Transfers from Switzerland. If Client transfers Client Personal Data to Southmedia that is subject to the Swiss FADP, the following modifications shall apply to the Standard Contractual Clauses to the extent that the Swiss FADP applies to Client’s Processing when making that transfer: (a) the term “member state” as used in the Standard Contractual Clauses shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from suing for their rights in their place of habitual residence in accordance with Clause 18(c) of the Standard Contractual Clauses; (b) the Standard Contractual Clauses shall also protect the data of legal entities until the entry into force of the revised Swiss FADP on or about 1 January 2023; (c) references to the GDPR or other governing law contained in the Standard Contractual Clauses shall also be interpreted to include the Swiss FADP; and (d) the parties agree that the supervisory authority as indicated in Annex I.C of the Standard Contractual Clauses shall be the Swiss Federal Data Protection and Information Commissioner.
