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Recital 109

1 The possibility for the controller or processor to use standard data-protection clauses adopted by the Commission or by a supervisory authority should prevent controllers or processors neither from including the standard data-protection clauses in a wider contract, such as a contract between the processor and another processor, nor from adding other clauses or additional safeguards provided that they do not contradict, directly or indirectly, the standard contractual clauses adopted by the Commission or by a supervisory authority or prejudice the fundamental rights or freedoms of the data subjects. 2 Controllers and processors should be encouraged to provide additional safeguards via contractual commitments that supplement standard protection clauses.


This recital of the General Data Protection Regulation clarifies article 46 GDPR (Transfers subject to appropriate safeguards).*

The reference between articles and recitals is based on the professional assessment of activeMind.legal.

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