Specic information on ASEAN MCCs Specic information on EU SCCs
� Clause 1.6 (Module 2), Clause 1.7 (Module
1): “Personal data” – Any information
related to an identied or identiable natural
person (“data subject”) transferred under
this contract.
� Clause 1.7 (Module 2), Clause 1.8 (Module
1): “Processing”– Any operation or set of
operations that are performed on Personal
data or on sets of Personal data, whether or
not by automated means, including, for
example, collection, use and disclosure of
Personal data.
� Clause 1.1: “AMS Law” – Any and all written
laws of an ASEAN Member State relating to
data protection (or are minimally relevant to
the transfer of personal data) which the Data
exporter or the Data importer (or both) are
subject to.
In case of a conflict between the MCCs
and applicable AMS law, the latter will prevail
(Clause 5.2 for Module 2, Clause 4.2 for
Module 1).
� Article 4(1) GDPR: “Personal data” – Any
information relating to an identified or
identiable natural person (“data subject”);
an identiable natural person is one who can
be identied, directly or indirectly, in particular
by reference to an identier such as a name,
an identication number, location data, an
online identier or to one or more factors
specic to the physical, physiological, genetic,
mental, economic, cultural or social identity
of that person.
� Article 4(2) GDPR: “Processing” – Any
operation or set of operations which is
performed on personal data or on sets of
personal data, whether or not by automated
means, such as collection, recording,
organisation, structuring, storage, adaptation
or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or
otherwise making available, alignment or
combination, restriction, erasure or destruction.
The SCCs should be read and interpreted in
light of the GDPR and may not be interpreted
in a way that conicts with the GDPR (Clause
4(b) and (c)).
Specic information on ASEAN MCCs Specic information on EU SCCs
The parties may select the applicable law
according to which the contract will be
interpreted. Parties are advised to use the laws
of one of the countries involved in the data
transfer (Clause 5.1 for Module 2, Clause 4.1
for Module 1).
The parties have to choose the law of one of
the EU countries that provides for third-party
beneciary rights as applicable law (Clause 17).
If the data importer is a processor, this should,
in principle, be the law of the country where the
data exporter is established.
Choosing the law applicable to the contract:
For both the ASEAN MCCs and EU SCCs, the parties have to indicate which law will govern the
application of the clauses. For the SCCs, the law chosen has to be that of an EU member country
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and this choice is subject to specic conditions.
2.2
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This refers to the 27 EU Member States, as well as countries associated to the EU through the EEA Agreement (Iceland, Liechtenstein
and Norway).
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Joint Guide to ASEAN Model Contractual Clauses and EU Standard Contractual Clauses