The DPA states that Modal will not transfer EEA or UK Personal Data outside those regions without Customer consent or a compliant transfer mechanism, and that Customer consents in advance to transfers where Modal has implemented GDPR or UK GDPR-compliant safeguards including SCCs, adequacy decisions, or Article 46 safeguards.
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 the legal basis for cross-border personal data transfers by Modal, incorporating EU SCCs (Modules 1-3), UK IDTA, and Swiss law provisions by reference into the DPA. The advance consent mechanism for GDPR-compliant transfers means Customers do not need to separately authorize each transfer where Modal has implemented the specified safeguards.
Under this clause, Personal Data from the EEA, UK, and Switzerland may be transferred outside those regions by Modal only where a GDPR-compliant mechanism is in place, and Customer provides advance consent to such transfers where Modal has implemented compliant safeguards. The SCCs are incorporated by execution of the main agreement rather than by separate signature.
Cross-platform context
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Compare across platforms →"Modal may not transfer Personal Data to, or process such data in, a location outside of the European Economic Area or the UK without Customer's prior written consent, except in compliance with Section 10.2 below. Without prejudice to the foregoing, Customer consents to Transfers where Modal has implemented a Transfer solution compliant with GDPR and UK GDPR, which for example may include: (a) an adequacy decision by applicable authorities; (b) the Standard Contractual Clauses as incorporated herein pursuant to Appendix 1; (c) another appropriate safeguard pursuant to Article 46 of GDPR or UK GDPR equivalent; or (d) a derogation pursuant to Article 49 of GDPR or UK GDPR equivalent.Excerpt from Modal's Terms of Service
(1) REGULATORY LANDSCAPE: This provision directly engages GDPR Chapter V (transfers to third countries), UK GDPR Chapter V, and equivalent Swiss DPA provisions.
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This provision establishes the legal basis for cross-border personal data transfers by Modal, incorporating EU SCCs (Modules 1-3), UK IDTA, and Swiss law provisions by reference into the DPA. The advance consent mechanism for GDPR-compliant transfers means Customers do not need to separately authorize each transfer where Modal has implemented the specified safeguards.
Under this clause, Personal Data from the EEA, UK, and Switzerland may be transferred outside those regions by Modal only where a GDPR-compliant mechanism is in place, and Customer provides advance consent to such transfers where Modal has implemented compliant safeguards. The SCCs are incorporated by execution of the main agreement rather than by separate signature.
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