WhatsApp Business Data Transfer Addendum
Last modified: September 27, 2021
This WhatsApp Business Data Transfer Addendum (“Data Transfer Addendum”) applies to the extent that WhatsApp Ireland processes European Data as your Processor under the Business Terms and transfers of such data are made to WhatsApp LLC and Facebook Inc.
1. You acknowledge and agree that, to provide the Business Services pursuant to the Business Terms, WhatsApp Ireland transfers European Data to WhatsApp LLC and Facebook Inc. and onward transfers of European Data may be made to other WhatsApp Subprocessors.
2. WhatsApp Ireland transfers European Data to WhatsApp LLC and Facebook Inc. pursuant to Processor to Processor SCCs, but reserves the right to use alternative transfer means recognised by GDPR and other applicable data protection laws in the EEA, UK and Switzerland (such as an adequacy decision). Onward transfers to WhatsApp Subprocessors under the Processor to Processor SCCs are made pursuant to the general authorisation under the Data Processing Terms.
3. In order to facilitate an efficient and coordinated service, you agree that all communication with WhatsApp LLC, Facebook Inc. or any other WhatsApp Subprocessor in connection with the Processor to Processor SCCs, to the extent possible, will be coordinated and directed through WhatsApp Ireland.
4. This Data Transfer Addendum takes priority over the Business Terms and the Data Processing Terms to the extent of a conflict or inconsistency.
5. Any Clauses entered into pursuant to the version of the Data Transfer Addendum last modified on October 29, 2020 shall be deemed terminated as soon as this Data Transfer Addendum starts to apply between Company and WhatsApp Ireland. You agree that any European Data transferred pursuant to the terminated Clauses is not to be destroyed or returned due to termination of those Clauses but instead shall be subject to the terms and conditions detailed in this Data Transfer Addendum.
6. In this Data Transfer Addendum:
a. “Clauses” mean the standard data protection clauses for the transfer of personal data to processors established in third countries approved by the European Commission decision 2010/87/EC, dated 5 February 2010 (but excluding the optional illustrative clauses).
b. “EEA” means European Economic Area.
c. “European Data” means Personal Data which is Processed by WhatsApp Ireland as your Processor pursuant to the Business Terms, to the extent that the GDPR or other data protection laws in the EEA, UK or Switzerland apply to your Processing of such data.
d. “Processor to Processor SCCs” means, as applicable to the transfer concerned: (a) module 3 (processor to processor) of the standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR and approved by the European Commission decision 2021/914, dated 4 June 2021; or (b) such other (processor to processor) standard contractual clauses for the transfer of personal data to third countries that are recognised under the applicable data protection laws in the EEA, UK or Switzerland (in either case with any optional clauses as chosen by WhatsApp Ireland).
e. “WhatsApp Ireland” means WhatsApp Ireland Limited.
f. “WhatsApp Subprocessor” means a sub-processor that is engaged by WhatsApp LLC or Facebook Inc. under the Processor to Processor SCCs to Process European Data.
Any other capitalised terms have the meaning given to them in the Business Terms or the Data Processing Terms.