This analysis describes what Modal's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
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Discord commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner's Office (ICO) and the Swiss Federal Data Protection and Information Commissioner...
Both parties agree that this choice of law agreement is enforceable and waives the right to have a court conduct a conflict of law analysis.
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of New York, without reference to its choice of law principles.
"This DPA will be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement unless required otherwise by GDPR, in which case this DPA will be governed by the laws of Sweden.Excerpt from Modal's Terms of Service
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The clause states: “This DPA will be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement unless required otherwise by GDPR, in which case this DPA will be governed by the laws of Sweden.”
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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