Can the Parties Remove Modules and/or Options That Are Not Relevant to Their Specific Situation?

ANSWER

The parties should retain only those clauses that are relevant to their specific circumstances. Modules and/or options that do not apply should be removed.

Example:

A controller wishes to transfer personal data to another controller using SCCs for international data transfers. All general clauses (i.e., clauses not tied to a specific module, such as those in Section I), together with the clauses relevant to Module 1, should be extracted and retained. All other clauses relating to different modules may be removed.

Example:

Under Clause 7.7 of the SCCs concluded between controllers and processors (regarding the use of sub-processors), the parties must choose one of two authorization options allowing the data importer to engage sub-processors. If the parties select Option 1, Option 2 should be removed from the SCCs.

Example:

An EEA-based company acting as a controller wishes to enter into a contractual relationship with an EEA-based processor. To ensure compliance with Article 28(3) and (4) GDPR, the SCC template for controller–processor relationships may be used. In this case, the parties should select OPTION 1 (which refers to GDPR compliance) and remove references to OPTION 2 (which relates to compliance with the EUDPR).