Q&As

Can the Model Clauses be amended to limit or exclude the rights of a data subject?

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Published by a ÑÇÖÞÉ«ÇéÍø Information Law expert
Published on: 26 September 2016
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Amending Model Clauses

Clause 10 of the 2010 Model Clauses provides that ‘The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.’

As explained in Practice Note: UK GDPR and EU GDPR—transfers of Personal data internationally and to international organisations—Article 46 tools, it follows that any amendments must be of a quintessentially commercial nature or show an intention of how the rights within the Model Clauses will operate in practice. Any amendments must

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Jurisdiction(s):
United Kingdom
Key definition:
Data subject definition
What does Data subject mean?

Under the GDPR, an identified or identifiable natural person. The concept is key to determining what is personal data (ie information relating to a data subject) and which persons have rights under the GDPR.

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