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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: International transfers of personal data under the GDPR—Standard contractual clauses (Model Clauses), 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 not affect either the rights of a data subject or the protection of the data in question.
There is little guidance on the scope of ‘business related issues’, however, News Analysis: Can you amend EU Model Clau
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