DATA PROCESSING TERMS

The parties agree that these data processing terms (“DPA”) form part of the Gamesys Group Partners Programme Agreement (“Agreement”). In these Data Processing Terms, “Gamesys” means, as applicable, the Gamesys Group Company relevant to the Agreement (in accordance with clauses 1.1, 1.2 and 1.3 of the Agreement) as a Controller in accordance with Data Protection Legislation for the purposes of the Agreement and this DPA.

1 Definitions and interpretation

1.1 The following definitions and rules of interpretation apply in this DPA:

“Controller“, “Personal Data”, “Security Incident” and “Processing” have the meanings given to these terms in the Agreement;

“Data Subject” and “Processor” have the meanings given to those terms in Data Protection Legislation;

“Data Protection Legislation” has the meaning given to this term in the Agreement;

“EEA” means the European Economic Area;

“Gamesys Personal Data” means Personal Data provided or made available to Affiliate or collected or created for a Gamesys Company in connection with this DPA as per clause 15.4 of the Agreement;

“IDT Addendum” means the Standard Contractual Clauses, as amended by the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses for Parties making Restricted Transfers issued by the UK Information Commissioner and published under document number Version B1.0, in force on 21 March 2022 (and any successor clauses);

“Restricted Transfer” means a transfer of Gamesys Personal Data to countries outside the EEA and the UK;

“Standard Contractual Clauses” means the standard contractual clauses annex to the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (and any successor clauses) and as available at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX%3A32021D0914&locale=en;

“Sub-Processor” means any third party appointed by an Affiliate when it acts as a Processor, to Process the Controller’s Personal Data;

“Supervisory Authority” means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Legislation; and

“UK” means the United Kingdom.

2 Processing

2.1 Processor. In respect of the Gamesys Personal Data only, the Affiliate is a Processor acting on Gamesys’s behalf. As Processor, the Affiliate will only act upon Gamesys’s instructions as set out in this DPA and otherwise as provided in writing by Gamesys to the Affiliate from time to time. Gamesys Personal Data will be used in accordance with and for the purposes set out in the documented instructions and only as necessary to verify Commission paid or payable by Gamesys pursuant to clause 5. If the Affiliate is ever unsure as to the parameters of the instructions issued by Gamesys it will, as soon as reasonably practicable, revert to Gamesys for the purpose of seeking clarification or further instructions.

2.2 Nature, Purpose and Duration of Data Processing. The scope and purpose and duration of the Processing of Personal Data (including the types of Personal Data and categories of Data Subject) covered by this DPA are set out in Appendix 1.

2.3 Compliance with Data Protection Legislation. The Affiliate shall:

2.3.1 have in place a data protection officer where required by applicable Data Protection Legislation;

2.3.2 comply with and Process all Gamesys Personal Data in accordance with applicable Data Protection Legislation; and

2.3.3 promptly notify Gamesys about any circumstance where it is unable to comply with Data Protection Legislation or any actual or potential changes to the Data Protection Legislation, which affect the Affiliate’s ability to comply with its obligations under this DPA. Where the Affiliate is subject to any changes or circumstances under this clause, Gamesys will have the right to suspend the Processing until such time as the Processing is adjusted in such a manner that the non-compliance is remedied. To the extent such adjustment is not possible, Gamesys shall have the right to terminate the relevant part of the Processing by the Affiliate.

2.4 Co-operation. The Affiliate shall co-operate and assist Gamesys with any privacy impact assessments and consultations with (or notifications to) relevant regulators that Gamesys considers are relevant pursuant to Data Protection Legislation in relation to Gamesys Personal Data.

2.5 Affiliate personnel. The Affiliate shall procure that its personnel are obligated to maintain the security and confidentiality of any Gamesys Personal Data as provided in this DPA and this obligation continues even after their engagement ends.

2.6 Data Subject rights. The Affiliate shall promptly forward to Gamesys and otherwise co-operate with and assist Gamesys at no charge with any requests from Data Subjects of any Gamesys Personal Data pursuant to Data Protection Legislation (including the ability to correct, delete, block or port Gamesys Personal Data and rights of access and disclosure as set out in clause 3 below).

2.7 Deletion or return of Gamesys Personal Data. The Affiliate shall at Gamesys’s option, delete (unless otherwise required by Applicable Laws) or return all copies of Gamesys Personal Data and cease Processing such Gamesys Personal Data after the business purposes for which the Gamesys Personal Data was Processed have been fulfilled, or earlier upon Gamesys’s written request.

2.8 Gamesys Personal Data sent in error. Should the Affiliate receive a copy of Gamesys Personal Data in error (such error being notified by Gamesys to Affiliate in writing), the Affiliate shall immediately return such Gamesys Personal Data to the sender, and subsequently immediately and permanently delete it. The Affiliate shall certify to Gamesys in writing that it has complied with its obligations under this clause 2.8, and provide evidence of such compliance.

2.9 Records. The Affiliate shall maintain a record of all categories of Processing activities carried out on behalf of Gamesys which shall be made available to Gamesys upon request.

3 Disclosure

3.1 The Affiliate will not disclose Gamesys Personal Data to any third-party except: (i) as Gamesys directs (including as permitted under this Agreement); or (ii) as required by Applicable Law.

3.2 In the event that the Affiliate receives any request for disclosure of (or information in relation to) Gamesys Personal Data by a law enforcement person or agency:

3.2.1 The Affiliate will, to the extent allowed by law, including the terms of the third party request itself, at no additional charge: (i) attempt to redirect the law enforcement agency to request such Personal Data or information directly from Gamesys; (ii) promptly notify Gamesys of receipt of the request; and (iii) use commercially reasonable efforts to comply with Gamesys’s reasonable requests regarding its efforts to oppose the request. If compelled to disclose Gamesys Personal Data to law enforcement, then the Affiliate will promptly notify Gamesys and provide a copy of the demand, unless legally prohibited from doing so; and

3.2.2 if the Affiliate receives a third-party request which is subject to an order not to disclose such request to Gamesys, the Affiliate will challenge such order in a court of competent jurisdiction and seek court permission to allow Gamesys to intervene in the proceedings. The Affiliate shall conduct the challenge at its own expense.
As part of this effort, the Affiliate may provide Gamesys’s basic contact information to the requesting agency.

3.3 In the event that the Affiliate receives any request for disclosure of (or information in relation to) Gamesys Personal Data in a circumstance not covered by clause 3.2: (i) the Affiliate shall promptly forward such request to Gamesys; and (ii) at no charge, co-operate and assist Gamesys with such request where so directed by Gamesys (including in relation to requests from Data Subjects pursuant to Data Protection Legislation).

4 Security

4.1 The Affiliate has implemented and will maintain throughout the term of this DPA appropriate technical and organisational measures, internal controls and information security including security protocols designed to protect Gamesys Personal Data from accidental, unauthorised or unlawful access, disclosure, alteration, loss, destruction or any other form of compromise. These measures shall at all times meet or exceed the minimum standards required by Data Protection Legislation and further be of a standard no less than those compliant with good industry practice for the protection of Personal Data to ensure a level of security for the Gamesys Personal Data appropriate to the risk and to assist Gamesys in ensuring compliance with the requirements for the security of Processing as set out in Data Protection Legislation

4.2 The Affiliate shall ensure that all Gamesys Personal Data is encrypted at all times while in the possession or under the control of the Affiliate.

5 Notification and Incidents

5.1 If the Affiliate becomes aware of or reasonably suspects that any Security Incident has occurred, the Affiliate will without undue delay (and in any event within twenty-four (24) hours):

5.1.1 notify Gamesys of the Security Incident by email to security@gamesys.co.uk;

5.1.2 investigate (including interviewing service personnel) the Security Incident and provide Gamesys with detailed information about the Security Incident including making available a suitably senior, appropriately qualified individual to discuss any concerns or questions Gamesys may have;

5.1.3 take reasonable steps to mitigate the effects and to minimise any damage resulting from the Security Incident and assist Gamesys in remediating or mitigating any potential damage from a Security Incident to the extent that such remediation or mitigation is within the Affiliate’s control as well as reasonable steps to prevent a recurrence of such Security Incident, including interviewing and the possible removal of service personnel from the performance of services for Gamesys; and

5.1.4 fully cooperate with Gamesys to develop and execute a response plan to address the Security Incident. The Affiliate shall at request of Gamesys co-operate in adequately informing the Supervisory Authority or Data Subjects involved as so directed by Gamesys.

5.2 A courtesy copy of any notice to the Gamesys sent pursuant to this DPA shall also be sent by email to dpo@gamesys.co.uk.

6 Sub-Processors

6.1 The Affiliate shall not permit Sub-Processors to Process Gamesys Personal Data without the prior written approval of Gamesys. Those Sub-Processors approved as at the commencement of this Agreement are as set out in Appendix 1. Any changes to the Sub-Processors involved in any Processing pursuant to this Agreement (including any change in the scope or nature of the Gamesys Personal Data involved or any addition or replacement of Sub-Processors approved by Gamesys) must be pre-approved in writing by Gamesys.

6.2 Any authorisations by Gamesys to use a Sub-Processor is on the condition that the Affiliate remains fully liable to Gamesys for the Sub-Processor’s performance of the contract, as well as for any acts or omissions of the Sub-Processor in regard of its Processing of Personal Data.

6.3 The Affiliate shall ensure that Sub-Processors shall be contractually bound to the same obligations with respect to the Processing of Gamesys Personal Data as to which the Affiliate is bound by this Agreement relating to security and audit and otherwise. The Affiliate shall provide copies of documentation to evidence its compliance with this provision to Gamesys on request.

7 Transfers Of Gamesys Personal Data

7.1 The Affiliate may only transfer Gamesys Personal Data in the circumstances set out in clauses 3 and 6 of this DPA. Except as set forth above, or as Gamesys may otherwise authorise, the Affiliate will not transfer any Gamesys Personal Data.

7.2 Transfers from Gamesys to Affiliate

7.2.1 To the extent that the Processing of Gamesys Personal Data by Affiliate involves a Restricted Transfer (under the EU GDPR) from Gamesys in the EEA to Affiliate outside of the EEA, the parties shall each comply with their respective obligations as set out in the Standard Contractual Clauses as contained in Appendix 3 of this DPA.

7.2.2 To the extent that the Processing of Gamesys Personal Data by Affiliate involves a Restricted Transfer (under the UK GDPR) from Gamesys in the UK to Affiliate outside of the UK, the parties shall each comply with their respective obligations as set out in the IDT Addendum as contained in Appendix 4 of this DPA.

7.3 Onwards transfers from Affiliate to Sub-Processors

7.3.1 Affiliate (or any Sub-Processor) shall only make a Restricted Transfer of Gamesys Personal Data where Gamesys has provided its written approval to such transfer. Approved transfers as at the commencement of this DPA are set out in Appendix 1.

7.3.2 Transfers pursuant to clause 7.3 shall only be permissible where:

7.3.2.1 The entity receiving the Gamesys Personal Data is located in a territory which is subject to a current finding under Data Protection Legislation that it provides adequate protection for Personal Data;

7.3.2.2 The transfer is governed by the Standard Contractual Clauses (to the extent that such Processing of Gamesys Personal Data involves a Restricted Transfer under the EU GDPR) and/or the transfer is governed by the IDT Addendum (to the extent that such Processing of Gamesys Personal Data involves a Restricted Transfer under the UK GDPR) or is subject to an alternative mechanism approved by relevant authorities pursuant to Data Protection Legislation (e.g. Binding Corporate Rules, relevant approved standard contractual clauses). Where Affiliate or Sub-Processor is the entity making a Restricted Transfer, it shall enter into the relevant module of the Standard Contractual Clauses or IDT Addendum (as applicable) with the entity receiving the Gamesys Personal Data; or

7.3.2.3 The necessary statutory approvals required to be obtained by Affiliate (or Sub-Processor) as a Processor (or Sub-Processor), if any, have all been obtained to enable the transfer of Personal Data.

7.3.3 The Parties agree that in the event of any inconsistency between the terms of this DPA and the terms of the Standard Contractual Clauses or IDT Addendum (as applicable), then the terms of the applicable Standard Contractual Clauses or IDT Addendum (as applicable) shall prevail.

7.4 Other transfers out of originating country

7.4.1 To the extent that any Processing of Gamesys Personal Data by Affiliate (or Sub-Processor) pursuant to this DPA may involve the transfer of such Gamesys Personal Data out of the country in which it is held and such transfer is not covered by clause 7.3, Affiliate (or any Sub-Processor) shall only transfer that Gamesys Personal Data where Gamesys has provided its prior written consent to such transfer.

7.4.2 Transfers pursuant to clause 7.4 shall only be permissible where any measures required under Data Protection Legislation are in place and remain valid.

8 Audit

8.1 Subject to reasonable written advance notice, Affiliate shall permit Gamesys and/or a qualified representative (subject to reasonable and appropriate confidentiality undertakings) to conduct during normal working hours periodic security scans and audits of Affiliate’s systems and processes in relation to Gamesys Personal Data and shall comply with all reasonable requests or directions by Gamesys to verify and/or procure that Affiliate is in full compliance with its obligations under this DPA. Affiliate shall promptly resolve, at its own expense, all security issues discovered by Gamesys and reported to Affiliate.

8.2 Gamesys shall have the right following any such audit to request additional safeguards, establish back-up security for Gamesys Personal Data and keep back-up Gamesys Personal Data and Gamesys Personal Data files in Affiliate’s (or its Sub-Processors’) possession. The parties shall agree on the additional safeguards to be implemented, if any.

9 Warranties

9.1 Affiliate represents, warrants and undertakes (as applicable) that:

9.1.1 The Processing of Gamesys Personal Data described in or contemplated by this DPA and the Processing of Gamesys Personal Data by Affiliate in accordance with the written instructions from time to time of Gamesys shall not cause Gamesys or require any person to be in breach of the Data Protection Legislation; and

9.1.2 Any Gamesys Personal Data it holds shall be made available to Gamesys immediately upon request from Gamesys without hindrance or delay;

9.1.3 It shall allow Gamesys unrestricted access to the Gamesys Personal Data for any lawful purpose requested by Gamesys.

10 General

10.1 The parties agree to take account of any change in Data Protection Legislation or any guidance issued by the relevant Supervisory Authority. Gamesys may on not less than 30 days’ notice to Affiliate amend this DPA to ensure that it complies with any such change in law or guidance.

APPENDIX 1

Affiliate will Process Gamesys Personal Data as per the terms set out in the DPA and the instructions contained in this Appendix 1:

LIST OF THE PARTIES

Data Exporters

Name:	Gamesys Companies identified in the Agreement
Address:	The address of Gamesys as identified in the Agreement.
Contact person’s name, position and contact details:	Data protection enquiries can be addressed to dpo@gamesys.co.uk
Activities relevant to the data transferred under the SCCs:	The Data Exporter operates online gaming websites
Role:	Controller

Data Importers

Name:	Affiliate
Address:	The address of the Affiliate identified in the Affiliate Programme registration form.
Contact person’s name, position and contact details:	Data protection enquiries can be addressed to Affiliate’s contact details in the Affiliate Programme registration form.
Activities relevant to the data transferred under the SCCs:	The data importer promotes the data exporter’s websites to online users
Role:	Processor

DESCRIPTION OF TRANSFER

Subject Matter, Nature and Purpose of Processing	The Affiliate is permitted only to access and view Gamesys Personal Data, and only as, and for as long as, necessary to verify Commission paid or payable by Gamesys pursuant to clause 5 of the Agreement.
Duration of the Processing Activities	See “Term”
Personal Data	Pseudonymised player ID
Data Subjects	See “Player”
Frequency of Transfer	The Personal Data is transferred on a continuous basis until its expiration or termination (as applicable)
Specific Restrictions	N/A
Processor DPO	N/A
Permitted Sub-contractors and Transfers
Name	Services	Duration	Mechanism
N/A	N/A	N/A	N/A

APPENDIX 2

The Data Importer will implement reasonable administrative, physical, managerial and technical controls safeguards for protection of the security, confidentiality and integrity of Personal Data with respect to the Services in accordance with applicable legal requirements, and as set forth in Data Importer’s Section 4 of the DPA, and as otherwise agreed by the parties in writing. Data Importer will not materially decrease the overall security of the Services during the term of the Agreement(s).

APPENDIX 3

MODULE TWO: Transfer controller to processor

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) 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’).

(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 8.1(b), 8.9(a), (c), (d) and (e);

(iii) Clause 9(a), (c), (d) and (e);

(iv) Clause 12(a), (d) and (f);

(v) Clause 13;

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

(vii) Clause 16(e); and

(viii) 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.

(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

Docking clause

(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.

(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.

(c) The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

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 importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.

(b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions.

8.2 Purpose limitation

The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.

8.3 Transparency

On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

8.4 Accuracy

If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.

8.5 Duration of processing and erasure or return of data

Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. 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 return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).

8.6 Security of processing

(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter ‘personal data breach’). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.

(b) The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

(c) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

(d) The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.

8.7 Sensitive data

Where the transfer 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 and offences (hereinafter ‘sensitive data’), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.

8.8 Onward transfers

The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:

(i) the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;

(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;

(iii) the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or

(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.

Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.

8.9 Documentation and compliance

(a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.

(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.

(c) The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer.

(d) The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.

(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.

Clause 9

Use of sub-processors

(a) The data importer has the data exporter’s general authorisation for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least 30 (thirty) consecutive days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.

(b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.

(c) The data importer shall provide, at the data exporter’s request, a copy of such a sub-processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.

(d) The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor’s obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its obligations under that contract.

(e) The data importer shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent – the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

Clause 10

Data subject rights

(a) The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter. That period may be extended by a maximum of two more months, to the extent necessary taking into account the complexity and number of requests. The data importer shall duly and promptly inform the data subject of any such extension.

(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.

(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.

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.

(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.

(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:

(i) lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;

(ii) refer the dispute to the competent courts within the meaning of Clause 18.

(d) The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.

(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.

(f) The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.

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) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.

(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub processor) 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 and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.

(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage.

(e) 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.

(f) The Parties agree that if one Party is held liable under paragraph (e), 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.

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

Clause 13

Supervision

(a) The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority.

(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

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

Clause 14

Local laws and practices affecting compliance with the Clauses

(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;

(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

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 that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. 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 one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law applicable under the Agreement (if an EU Member State), otherwise these Clauses shall be governed by the laws of England and Wales.

Clause 18

Choice of forum and jurisdiction

(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.

(b) The Parties agree that those shall be the courts of the jurisdiction applicable under the Services Agreement (if an EU Member State), otherwise the Parties agree that those shall be the courts of England and Wales.

(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.

(d) The Parties agree to submit themselves to the jurisdiction of such courts.

ANNEX I

LIST OF PARTIES: as set out in Appendix 1 of the DPA.
DESCRIPTION OF TRANSFER: as set out in Appendix 1 of the DPA.
COMPETENT SUPERVISORY AUTHORITY: the supervisory authority as applicable to the Gamesys which is a party to the Agreement.

ANNEX II

TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA: as set out in Appendix 2 of the DPA.

ANNEX III

LIST OF SUB-PROCESSORS: as set out in Appendix 1 of the DPA

APPENDIX 4

International Data Transfer Addendum to the EU Commission Standard Contractual Clauses

This Addendum has been issued by the Information Commissioner for Parties making Restricted Transfers. The Information Commissioner considers that it provides Appropriate Safeguards for Restricted Transfers when it is entered into as a legally binding contract.

Part 1: Tables

Table 1: Parties

Start date	The effective date of the Agreement.
The Parties	Exporter (who sends the Restricted Transfer)	Importer (who receives the Restricted Transfer)
Parties’ details	As per Appendix 1 of the DPA	As per Appendix 1 of the DPA
Key Contact	As per Appendix 1 of the DPA	As per Appendix 1 of the DPA
Signature (if required for the purposes of Section ‎2)	This Addendum shall be deemed executed upon execution of the Agreement.	This Addendum shall be deemed executed upon execution of the Agreement.

Table 2: Selected SCCs, Modules and Selected Clauses

Addendum EU SCCs

The version of the Approved EU SCCs which this Addendum is appended to, detailed below, including the Appendix Information:

Module	Module in operation	Clause 7 (Docking Clause)	Clause 11 (Option)	Clause 9a (Prior Authorisation or General Authorisation)	Clause 9a (Time period)	Is personal data received from the Importer combined with personal data collected by the Exporter?
2	Yes	Yes	No	General	30 days	N/A

Table 3: Appendix Information

“Appendix Information” means the information which must be provided for the selected modules as set out in the Appendix of the Approved EU SCCs (other than the Parties), and which for this Addendum is set out in:

Annex 1A: List of Parties: As per Appendix 1 of the DPA.

Annex 1B: Description of Transfer: As per Appendix 1 of the DPA.

Annex II: Technical and organisational measures including technical and organisational measures to ensure the security of the data: As per Appendix 2 of the DPA.

Annex III: List of Sub processors (Modules 2 and 3 only): As per Appendix 1 of the DPA.

Table 4: Ending this Addendum when the Approved Addendum Changes

Ending this Addendum when the Approved Addendum changes

Which Parties may end this Addendum as set out in Section ‎19:

neither Party

Part 2: Mandatory Clauses

Entering into this Addendum

Each Party agrees to be bound by the terms and conditions set out in this Addendum, in exchange for the other Party also agreeing to be bound by this Addendum.
Although Annex 1A and Clause 7 of the Approved EU SCCs require signature by the Parties, for the purpose of making Restricted Transfers, the Parties may enter into this Addendum in any way that makes them legally binding on the Parties and allows data subjects to enforce their rights as set out in this Addendum. Entering into this Addendum will have the same effect as signing the Approved EU SCCs and any part of the Approved EU SCCs.

Interpretation of this Addendum

Where this Addendum uses terms that are defined in the Approved EU SCCs those terms shall have the same meaning as in the Approved EU SCCs. In addition, the following terms have the following meanings:

Addendum	This International Data Transfer Addendum which is made up of this Addendum incorporating the Addendum EU SCCs.
Addendum EU SCCs	The version(s) of the Approved EU SCCs which this Addendum is appended to, as set out in Table 2, including the Appendix Information.
Appendix Information	As set out in Table ‎3.
Appropriate Safeguards	The standard of protection over the personal data and of data subjects’ rights, which is required by UK Data Protection Laws when you are making a Restricted Transfer relying on standard data protection clauses under Article 46(2)(d) UK GDPR.
Approved Addendum	The template Addendum issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section ‎18.
Approved EU SCCs	The Standard Contractual Clauses set out in the Annex of Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
ICO	The Information Commissioner.
Restricted Transfer	A transfer which is covered by Chapter V of the UK GDPR.
UK	The United Kingdom of Great Britain and Northern Ireland.
UK Data Protection Laws	All laws relating to data protection, the processing of personal data, privacy and/or electronic communications in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018.
UK GDPR	As defined in section 3 of the Data Protection Act 2018.

This Addendum must always be interpreted in a manner that is consistent with UK Data Protection Laws and so that it fulfils the Parties’ obligation to provide the Appropriate Safeguards.
If the provisions included in the Addendum EU SCCs amend the Approved SCCs in any way which is not permitted under the Approved EU SCCs or the Approved Addendum, such amendment(s) will not be incorporated in this Addendum and the equivalent provision of the Approved EU SCCs will take their place.
If there is any inconsistency or conflict between UK Data Protection Laws and this Addendum, UK Data Protection Laws applies.
If the meaning of this Addendum is unclear or there is more than one meaning, the meaning which most closely aligns with UK Data Protection Laws applies.
Any references to legislation (or specific provisions of legislation) means that legislation (or specific provision) as it may change over time. This includes where that legislation (or specific provision) has been consolidated, re-enacted and/or replaced after this Addendum has been entered into.

Hierarchy

Although Clause 5 of the Approved EU SCCs sets out that the Approved EU SCCs prevail over all related agreements between the parties, the parties agree that, for Restricted Transfers, the hierarchy in Section ‎10 will prevail.
Where there is any inconsistency or conflict between the Approved Addendum and the Addendum EU SCCs (as applicable), the Approved Addendum overrides the Addendum EU SCCs, except where (and in so far as) the inconsistent or conflicting terms of the Addendum EU SCCs provides greater protection for data subjects, in which case those terms will override the Approved Addendum.
Where this Addendum incorporates Addendum EU SCCs which have been entered into to protect transfers subject to the General Data Protection Regulation (EU) 2016/679 then the Parties acknowledge that nothing in this Addendum impacts those Addendum EU SCCs.

Incorporation of and changes to the EU SCCs

This Addendum incorporates the Addendum EU SCCs which are amended to the extent necessary so that:
1. together they operate for data transfers made by the data exporter to the data importer, to the extent that UK Data Protection Laws apply to the data exporter’s processing when making that data transfer, and they provide Appropriate Safeguards for those data transfers;
2. Sections ‎9 to ‎11 override Clause 5 (Hierarchy) of the Addendum EU SCCs; and
3. this Addendum (including the Addendum EU SCCs incorporated into it) is (1) governed by the laws of England and Wales and (2) any dispute arising from it is resolved by the courts of England and Wales, in each case unless the laws and/or courts of Scotland or Northern Ireland have been expressly selected by the Parties.
Unless the Parties have agreed alternative amendments which meet the requirements of Section ‎12, the provisions of Section ‎15 will apply.
No amendments to the Approved EU SCCs other than to meet the requirements of Section ‎12 may be made.
The following amendments to the Addendum EU SCCs (for the purpose of Section ‎12) are made:
References to the “Clauses” means this Addendum, incorporating the Addendum EU SCCs;
In Clause 2, delete the words:

“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”;

Clause 6 (Description of the transfer(s)) is replaced with:

“The details of the transfers(s) and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred) are those specified in Annex I.B where UK Data Protection Laws apply to the data exporter’s processing when making that transfer.”;

Clause 8.7(i) of Module 1 is replaced with:

“it is to a country benefitting from adequacy regulations pursuant to Section 17A of the UK GDPR that covers the onward transfer”;

Clause 8.8(i) of Modules 2 and 3 is replaced with:

“the onward transfer is to a country benefitting from adequacy regulations pursuant to Section 17A of the UK GDPR that covers the onward transfer;”

References to “Regulation (EU) 2016/679”, “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)” and “that Regulation” are all replaced by “UK Data Protection Laws”. References to specific Article(s) of “Regulation (EU) 2016/679” are replaced with the equivalent Article or Section of UK Data Protection Laws;
References to Regulation (EU) 2018/1725 are removed;
References to the “European Union”, “Union”, “EU”, “EU Member State”, “Member State” and “EU or Member State” are all replaced with the “UK”;
The reference to “Clause 12(c)(i)” at Clause 10(b)(i) of Module one, is replaced with “Clause 11(c)(i)”;
Clause 13(a) and Part C of Annex I are not used;
The “competent supervisory authority” and “supervisory authority” are both replaced with the “Information Commissioner”;
In Clause 16(e), subsection (i) is replaced with:

“the Secretary of State makes regulations pursuant to Section 17A of the Data Protection Act 2018 that cover the transfer of personal data to which these clauses apply;”;

Clause 17 is replaced with:

“These Clauses are governed by the laws of England and Wales.”;

Clause 18 is replaced with:

“Any dispute arising from these Clauses shall be resolved by the courts of England and Wales. A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of any country in the UK. The Parties agree to submit themselves to the jurisdiction of such courts.”; and

The footnotes to the Approved EU SCCs do not form part of the Addendum, except for footnotes 8, 9, 10 and 11.

Amendments to this Addendum

The Parties may agree to change Clauses 17 and/or 18 of the Addendum EU SCCs to refer to the laws and/or courts of Scotland or Northern Ireland.
If the Parties wish to change the format of the information included in Part 1: Tables of the Approved Addendum, they may do so by agreeing to the change in writing, provided that the change does not reduce the Appropriate Safeguards.
From time to time, the ICO may issue a revised Approved Addendum which:
makes reasonable and proportionate changes to the Approved Addendum, including correcting errors in the Approved Addendum; and/or
reflects changes to UK Data Protection Laws;

The revised Approved Addendum will specify the start date from which the changes to the Approved Addendum are effective and whether the Parties need to review this Addendum including the Appendix Information. This Addendum is automatically amended as set out in the revised Approved Addendum from the start date specified.

If the ICO issues a revised Approved Addendum under Section ‎18, if any Party selected in Table 4 “Ending the Addendum when the Approved Addendum changes”, will as a direct result of the changes in the Approved Addendum have a substantial, disproportionate and demonstrable increase in:
- its direct costs of performing its obligations under the Addendum; and/or
- its risk under the Addendum,

and in either case it has first taken reasonable steps to reduce those costs or risks so that it is not substantial and disproportionate, then that Party may end this Addendum at the end of a reasonable notice period, by providing written notice for that period to the other Party before the start date of the revised Approved Addendum.

The Parties do not need the consent of any third party to make changes to this Addendum, but any changes must be made in accordance with its terms.

Data Processing Terms