The following Commercial guidance note provides comprehensive and up to date legal information covering:
DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see Practice Notes: Brexit—implications for data protection, Brexit—drafting boilerplate clauses and Brexit—drafting commercial clauses.
This Precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than as clauses in the main body of the agreement, for example due to the length of GDPR compliant provisions. It is based on Precedent: Data processing clause—GDPR compliant—short form—pro-controller.
In this Schedule:
has the meaning given in applicable Data Protection Laws from time to time;
Data Protection Laws
means any applicable law relating to the processing, privacy and/or use of Personal Data, as applicable to either party or the Services, including:
the Data Protection Act 2018;
any laws which implement any such laws;
any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; and
[all guidance, guidelines and codes of practice issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (in each case whether or not legally binding);]
Data Protection Supervisory Authority
means any regulator, authority
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