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
This provision establishes a processor-to-controller breach notification timeline of 48 hours, which is shorter than the GDPR's 72-hour controller-to-supervisory-authority window, providing Customer additional time to assess the breach and prepare regulatory notifications. The provision places the obligation to notify data subjects and supervisory authorities on Customer rather than Modal, consistent with the processor-controller relationship.
Cross-platform context
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Compare across platforms →"Processor shall notify Customer without undue delay and in any event within 48 hours after becoming aware of a Personal Data Breach affecting Customer Personal Data, providing Customer with sufficient information to allow the Customer to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Applicable Privacy Laws.Excerpt from Modal's Terms of Service
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This provision establishes a processor-to-controller breach notification timeline of 48 hours, which is shorter than the GDPR's 72-hour controller-to-supervisory-authority window, providing Customer additional time to assess the breach and prepare regulatory notifications. The provision places the obligation to notify data subjects and supervisory authorities on Customer rather than Modal, consistent with the processor-controller relationship.
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