Under EU and UK data protection laws, Lindus Health can only transfer personal data outside of the UK/EEA if there are adequate safeguards in place or the transfer is to a jurisdiction which is deemed to have an “Adequacy Decision” (meaning that the jurisdiction has adequate data protection laws as approved by the European Commission or the UK data protection regulator).
For customers who are outside of the UK/EEA and not within an adequate jurisdiction, Lindus Health must implement an adequate safeguard to ensure that Lindus Health can transfer personal data to those customers. Lindus Health has chosen the Standard Contractual Clauses (“SCCs”) as the most appropriate safeguard. The SCCs are a form of transfer agreement that are published by EU and UK data protection authorities. The terms of the SCC are dictated under law and cannot be amended.
No, the Standard Contractual Clauses will only apply when required by applicable UK or EU law to customers outside of these areas. Please see paragraph 2.5(b) of Schedule 1 of the MSA which states that the Standard Contractual Clauses will only apply to a “Restricted Transfer” (meaning a transfer of personal data from Lindus Health to a customer in a jurisdiction that is not subject to an Adequacy Decision and outside the EEA or UK). This also means that if a jurisdiction in the future is granted an Adequacy Decision, the Standard Contractual Clauses will cease to apply in the MSA.
The EU Standard Contractual Clauses (set out in Part 1 of the Standard Contractual Clause Addendum) are a version designed to be used by processors, like Lindus Health, who make transfers to customers outside the EU. The focus of these clauses is to make sure that Lindus Health as a data exporter complies with our obligations under law.
The UK Standard Contractual Clause (set out in Part 2 of the Standard Contractual Clause Addendum) uses the EU Standard Contractual Clauses in Part 1 but amends them to be compliant under UK law. Therefore, the obligations under the UK Standard Contractual Clauses are very similar to those under the EU Standard Contractual Clauses.
