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Article 35

Standard Contract Terms

The definition of the content of standard contractual clauses, as well as the verification of specific contractual clauses for a given transfer, global corporate norms or seals, certificates and codes of conduct, referred to in item II of thecaput of art. 33 of this Law will be carried out by the national authority.

  • 1. In order to verify the provisions of the caput of this article, the minimum requirements, conditions and guarantees for the transfer that comply with the rights, guarantees and principles of this Law shall be considered.
  • 2. In the analysis of contractual clauses, documents or global corporate norms submitted for the approval of the national authority, additional information may be required or due diligence may be made on processing operations, when necessary.
  • 3. The national authority may designate certification bodies to carry out the provisions of the main section of this article, which shall remain under its supervision in accordance with the terms defined in the regulation.
  • 4. The acts performed by the certification body may be reviewed by the national authority and, in case of non-compliance with this Law, subject to review or annulled.
  • 5. Sufficient guarantees of compliance with the general principles of protection and the rights of the holder referred to in the caput of this article shall also be analyzed in accordance with the technical and organizational measures adopted by the operator, in accordance with paragraphs 1 and 2 of Article . 46 of this Law.