Q&As

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

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Published on LexisPSL on 26/09/2016

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Can the Model Clauses be amended to limit or exclude the rights of a data subject?
  • Amending Model Clauses
  • Business Related Issues

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

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 not affect either the rights of a data subject or the protection of the data in question.

Business Related Issues

There is little guidance on the scope of ‘business

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