- What are the “new” Standard Contractual Clauses and why are you updating them? Standard Contractual Clauses, according to the General Data Protection Regulation (“GDPR”), are a set of approved clauses that ensure appropriate data protection safeguards for data transfers from the EU to third countries (such as the United States). We are mutually required to put in place the revised Standard Contractual Clauses to enable lawful transfers of data.
For additional information on SCCs: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en
- If I have already signed Standard Contract Clauses with PubMatic, do I still need this? If you have already signed the new Standard Contractual Clauses with PubMatic, and the UK addendum, following September 27, 2021, you do not need to sign again.
- Do the new SCCs apply to US publishers/vendors/partners/agencies that are not subject to GDPR? Yes, if a data exporter transfers personal data from an individual within the EU to an organization processing data in the U.S., the there must be an adequate transfer mechanism in place such as the SCCs.
- What happens if we don’t take these steps? If the new Standard Contractual Clauses are not agreed upon, to the extent that it applies to transfers between us and you, you are not compliant with General Data Protection Regulation.
- What is the UK Addendum? The UK addendum, similar to the SCCs, is a transfer tool designed to comply with regulations under GDPR concerning the safe international transfer of data.
- What if I don’t transfer data from the UK? Then the portion of the amendment concerning the UK Addendum will not apply to you. It is drafted to apply only to the extent such data is transferred. However, you will probably still need to sign it as you are likely in scope for the new SCCs update.
For additional information on the UK Addendum: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/
- Can I negotiate the new SCCs? The new SCCs cannot be negotiated, amended, or edited. This is not a PubMatic decision, but rather a decision promulgated by the EU Data Protection Authorities.
- Can I negotiate the UK Addendum? The UK Addendum cannot be negotiated, amended, or edited. This is not a PubMatic decision, but rather a decision promulgated by the applicable Data Protection Authorities.
- When do I need to sign this? Please sign ASAP, and no later than December 27, 2022.
- Are there additional resources I can view? Yes, here is a helpful one: https://ec.europa.eu/info/sites/default/files/questions_answers_on_sccs_en.pdf
- What if I received an amendment to sign, but I am affiliate entity and my original DPA sits with a parent company? In such case, only the original signing party will need to sign the new SCCs. Please reach out to let us know if this situation applies to you.
- Can I have a word copy of the amendment? Unfortunately, we are not able to provide a word copy as it is not negotiable by law. You may download a PDF version. Under “Options”, click “Print sign and return” to retrieve it. If you feel that there is an inaccuracy in the amendment or that you mistakenly receive it, please let us know.
- What if I still have other questions? Please reach out to your sales contact at PubMatic and they will be able to get you the answers that you need.