We have updated our European Data Transfer Addendum to transition to the new Standard Contractual Clauses. The below terms came into effect on 27 September 2021.
Workplace European Data Transfer Addendum
This Workplace European Data Transfer Addendum (“Data Transfer Addendum”) is incorporated into the Agreement. It applies to the extent Meta Platforms Ireland Ltd processes European Data as your Processor under the Agreement and transfers of such data are made to Meta Platforms, Inc. (formerly known as Facebook, Inc.).
- You acknowledge and agree that to provide the Workplace from Meta service pursuant to the Agreement, Meta Platforms Ireland Ltd transfers European Data to Meta Platforms, Inc. and onward transfers of European Data may be made to other Meta sub-Processors.
- Meta Platforms Ireland Ltd transfers European Data to Meta Platforms, Inc. pursuant to the Processor to Processor SCCs, but reserves the right to use alternative transfer means recognized by the GDPR and other applicable data protection laws in the EEA, UK and Switzerland (such as an adequacy decision). Onward transfers from Meta Platforms, Inc. to Meta sub-Processors under the Processor to Processor SCCs are made pursuant to the general authorization under the Data Processing Addendum.
- In order to facilitate an efficient and coordinated service, all communication with Meta Platforms, Inc. or any other Meta sub-Processor in connection with the Processor to Processor SCCs will, to the extent possible, be coordinated and directed through Meta Platforms Ireland Ltd.
- This Data Transfer Addendum takes priority over the Agreement to the extent of a conflict or inconsistency. By continuing to access or use the Workplace service on or after the date of this Data Transfer Addendum (or, as applicable, of any update to this Data Transfer Addendum), you agree to be bound by the Data Transfer Addendum as updated.
- Any Clauses entered into between you and Meta Platforms, Inc. pursuant to the version of the Data Transfer Addendum effective prior to 27 September 2021 shall be deemed terminated with effect from 27 September 2021. You agree that any European Data transferred pursuant to the terminated Clauses is not to be destroyed or returned due to termination of those Clauses but instead shall be subject to the terms and conditions detailed in this Data Transfer Addendum.
- In this Data Transfer Addendum:
- “Agreement” means the agreement between You and Meta Platforms Ireland Ltd under which Meta Platforms Ireland Ltd provides the Workplace service.
- “Clauses” mean the standard contractual clauses for the transfer of personal data to processors established in third countries, approved by the European Commission decision 2010/87/EC, dated 5 February 2010 (excluding the optional illustrative clauses).
- “EEA” means the European Economic Area.
- “European Data” means Your Personal Data that is Processed by Meta Platforms Ireland Ltd as your Processor pursuant to the Agreement, to the extent that the GDPR or the data protection laws in the EEA, UK or Switzerland apply to the Processing of such data.
- “Meta sub-Processor” means a subprocessor that is engaged by Meta Platforms, Inc. under the Processor to Processor SCCs to Process European Data.
- “Processor to Processor SCCs” mean, as applicable to the transfer concerned: (a) module 3 (processor to processor) of the standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR and approved by the European Commission decision 2021/914, dated 4 June 2021; or (b) such other (processor to processor) standard contractual clauses for the transfer of personal data to third countries that are recognised under the applicable data protection laws in the EU, EEA, UK or Switzerland (in either case with any optional clauses as chosen by Meta).
- For the purposes of this Data Transfer Addendum, any capitalised terms have the meaning given to them in the Agreement, except where stated otherwise. References to the Agreement, including the Data Processing Addendum, are to them as updated from time to time in accordance with the Agreement.