Art. 35 The definition of the content of standard contractual clauses, as well as the verification of specific contractual clauses for a particular transfer

Art. 35

The definition of the content of standard contractual clauses, as well as the verification of specific contractual clauses for a particular transfer, binding corporate rules or stamps, certificates and codes of conduct, referred to in item II of the lead sentence of Art. 33 of this Law, will be done by the national authority.

§1 To verify the provision of the lead sentence of this article, one must consider the requirements, conditions and minimum guarantees for the transfer that are in accordance with the rights, guarantees and principles of this Law.

§2 Analysis of contractual clauses, documents or global corporate rules submitted to the national authority for approval, supplementary information or due diligences performed for verification of the processing operations may be required, when necessary.

§3 The national authority may designate certification entities to carry out the provisions of the lead sentence of this article, which shall remain under their inspection and subject to the terms defined in regulation.

§4 Acts carried out by certification entities may be reviewed by the national authority and, if they are not in compliance with this Law, submitted for revision or voided.

§5 Guarantees that are sufficient for compliance with the general principles of protection and data subject’s rights referred to in the lead sentence of this article shall also be analyzed in accordance with the technical and organizational measures adopted by the processor, according to the provisions of §§1 and 2 of Art. 46 of this Law.