Cross-Border Data Transfer Guide for Kodak Customers in the European
Economic Area, Switzerland and the United Kingdom
This document contains:•
Schedule 1: the European Commission approved form Standard Contractual Clauses (2021)•
Schedule 2: the UK International Data Transfer Addendum to the Standard Contractual Clauses•
Schedule 3 General information about Kodak’s management of risks related to our transfers that our customers may use forinternal GDPR record-keeping.
* **Schedule 1
STANDARD CONTRACTUAL CLAUSESSECTION I
Clause 1
Purpose and scope(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of
the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of personal data to athird country.
(b) The Parties:(i)the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter “entity/ies”) transferring thepersonal data, as listed in Annex I.A. (hereinafter each “data exporter”), and(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity
also Party to these Clauses, as listed in Annex I.A. (hereinafter each “data importer”)
have agreed to these standard contractual clauses (hereinafter: “Clauses”).
(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.
Clause 2
Effect and invariability of the Clauses(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to
Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors
and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they
are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does notprevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add
other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice thefundamental rights or freedoms of data subjects.
(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.
Clause 3
Third-party beneficiaries(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer,with the following exceptions:(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;(ii)
Clause 8 - Clause 8A.1(b), 8A.9(a), (c), (d) and (e)Schedule 1: EEA Standard Contractual Clauses Module 2

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(iii)
(iv)
(v)
(vi)
(vii)
(viii)

Clause 9 - Clause 9A(a), (c), (d) and (e);Clause 12 - Clause 12(a), (d) and (f);Clause 13;
Clause 15.1(c), (d) and (e);Clause 16(e);Clause 18 - Clause 18(a) and (b)(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.

Clause 4
Interpretation(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that
Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.
Clause 5
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at thetime these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6
Description of the transfer(s)The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they aretransferred, are specified in Annex I.B.
Clause 7 - Optional
Docking clause(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either asa data exporter or as a data importer, by completing the Appendix and signing Annex I.A.
(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have therights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.
(c) The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementationof appropriate technical and organisational measures, to satisfy its obligations under these Clauses.
8.1 Instructions(a) The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may
give such instructions throughout the duration of the contract.

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(b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions.
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on
further instructions from the data exporter.
8.3 Transparency
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to thedata subject free of charge. To the extent necessary to protect business secrets or other confidential information, including themeasures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior
to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its
content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to theextent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter
under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform thedata exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of theprocessing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data
exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf anddelete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses.
In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrantsthat it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that
local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify thedata exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices notin line with the requirements under Clause 14(a).
8.6 Security of processing(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational
measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawfuldestruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter “personal data breach”). In assessing theappropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature,
scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall inparticular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose ofprocessing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal
data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its
obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in
Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate levelof security.
(b) The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the
implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data
have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
(c) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data
importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data
importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shallcontain the details of a contact point where more information can be obtained, a description of the nature of the breach(including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely
consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its
possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial
notification shall contain the information then available and further information shall, as it becomes available, subsequently beprovided without undue delay.

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(d) The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations
under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking
into account the nature of processing and the information available to the data importer.
8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or tradeunion membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or aperson’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter “sensitive data”), the data
importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition,
the data may only be disclosed to a third party located outside the European Union 1 (in the same country as the data importer or inanother third country, hereinafter “onward transfer”) if the third party is or agrees to be bound by these Clauses, under the appropriate
Module, or if:(i)the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679
that covers the onward transfer;(ii) (ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 withrespect to the processing in question;(iii) the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specificadministrative, regulatory or judicial proceedings; or(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.
Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particularpurpose limitation.
8.9 Documentation and compliance(a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing underthese Clauses.
(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate
documentation on the processing activities carried out on behalf of the data exporter.
(c) The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the
obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing
activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or
audit, the data exporter may take into account relevant certifications held by the data importer.
(d) The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at
the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.
(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to thecompetent supervisory authority on request.
Clause 9
Use of sub-processors(a) GENERAL WRITTEN AUTHORISATION. The data importer has the data exporter’s general authorisation for the engagement of subprocessor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes tothat list through the addition or replacement of sub-processors at least at least thirty (30) days in advance, thereby giving the data
1
The Agreement on the European Economic Area (EEA Agreement) provides for the extension of the European Union's internal market to the three EEA
States Iceland, Liechtenstein and Norway. … Therefore, any disclosure by the data importer to a third party located in the EEA does not qualify as an
onward transfer for the purpose of these Clauses.

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exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer
shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.
(b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shalldo so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data
importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, bycomplying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the subprocessor complies with the obligations to which the data importer is subject pursuant to these Clauses.
(c) The data importer shall provide, at the data exporter’s request, a copy of such a sub-processor agreement and any subsequent
amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including
personal data, the data importer may redact the text of the agreement prior to sharing a copy.
(d) The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor’s obligations under
its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its
obligations under that contract.
(e) The data importer shall agree a third-party beneficiary clause with the sub-processor whereby - in the event the data importer has
factually disappeared, ceased to exist in law or has become insolvent - the data exporter shall have the right to terminate the subprocessor contract and to instruct the sub-processor to erase or return the personal data.
Clause 10
Data subject rights(a) The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond tothat request itself unless it has been authorised to do so by the data exporter.
(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of
their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical andorganisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as thescope and the extent of the assistance required.
(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data
exporter.
Clause 11
Redress(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its
website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data
subject.
(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its
best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and,
where appropriate, cooperate in resolving them.
(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of
the data subject to:(i)lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or thecompetent supervisory authority pursuant to Clause 13;(ii) refer the dispute to the competent courts within the meaning of Clause 18.
(d) The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under theconditions set out in Article 80(1) of Regulation (EU) 2016/679.
(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.
(f)

The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights toseek remedies in accordance with applicable laws.

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Clause 12
Liability(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.
(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any
material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party
beneficiary rights under these Clauses.
(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled toreceive compensation, for any material or non-material damages the data exporter or the data importer (or its sub-processor)
causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liabilityof the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller
under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its subprocessor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data
importer’s responsibility for the damage.
(e) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, allresponsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any ofthese Parties.
(f)

The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies thatpart of the compensation corresponding to its / their responsibility for the damage.

(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.
Clause 13
Supervision(a) [Where the data exporter is established in an EU Member State:] The supervisory authority with responsibility for ensuring
compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act ascompetent supervisory authority.
[Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application ofRegulation (EU) 2016/679 in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) ofRegulation (EU) 2016/679:] The supervisory authority of the Member State in which the representative within the meaning of
Article 27(1) of Regulation (EU) 2016/679 is established, as indicated in Annex I.C, shall act as competent supervisory authority.
[Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application ofRegulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to
Article 27(2) of Regulation (EU) 2016/679:] The supervisory authority of one of the Member States in which the data subjects
whose personal data is transferred under these Clauses in relation to the offering of goods or services to them, or whose behaviour
is monitored, are located, as indicated in Annex I.C, shall act as competent supervisory authority.
(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any
procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries,
submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory
measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIESClause 14
Local laws and practices affecting compliance with the Clauses(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable tothe processing of the personal data by the data importer, including any requirements to disclose personal data or measuresauthorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is basedon the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed

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what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation(EU) 2016/679, are not in contradiction with these Clauses.
(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following
elements:(i)the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and thetransmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories andformat of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the datatransferred;(ii) the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities
or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable
limitations and safeguards;(iii) any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these
Clauses, including measures applied during transmission and to the processing of the personal data in the country ofdestination.
(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide thedata exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring
compliance with these Clauses.
(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority
on request.
(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of thecontract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements underparagraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating
an application of such laws in practice that is not in line with the requirements in paragraph (a).
(f)

Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer
can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g.
technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data
importer to address the situation, if appropriate in consultation with the controller. The data exporter shall suspend the datatransfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the controller or thecompetent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it
concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter
may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where thecontract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.
Clause 15
Obligations of the data importer in case of access by public authorities

15.1 Notification(a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of
the data exporter) if it:(i)receives a legally binding request from a public authority, including judicial authorities, under the laws of the country ofdestination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include
information about the personal data requested, the requesting authority, the legal basis for the request and the response
provided; or(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordancewith the laws of the country of destination; such notification shall include all information available to the importer.
(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country ofdestination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as
much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able todemonstrate them on request of the data exporter.

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(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regularintervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular,
number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome ofsuch challenges, etc.).
(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make itavailable to the competent supervisory authority on request.
(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to informthe data exporter promptly where it is unable to comply with these Clauses.
15.2 Review of legality and data minimisation(a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers
granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there arereasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations
under international law and principles of international comity. The data importer shall, under the same conditions, pursue
possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending theeffects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data
requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the
obligations of the data importer under Clause 14(e).
(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent
permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also makeit available to the competent supervisory authority on request.
(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure,based on a reasonable interpretation of the request.
SECTION IV – FINAL PROVISIONS
Clause 16
Non-compliance with the Clauses and termination(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shallsuspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This iswithout prejudice to Clause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these
Clauses, where:(i)the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliancewith these Clauses is not restored within a reasonable time and in any event within one month of suspension;(ii) the data importer is in substantial or persistent breach of these Clauses; or(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its
obligations under these Clauses.
In these cases, it shall inform the competent supervisory authority [for Module Three: and the controller] of such non-compliance.
Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect tothe relevant Party, unless the Parties have agreed otherwise.
(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of thedata exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of thedata. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data
importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit
the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance withthese Clauses and will only process the data to the extent and for as long as required under that local law.

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Page 8(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision
pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii)
Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This iswithout prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.
Clause 17
Governing law
These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The
Parties agree that this shall be the law of the members state specified on Annex 1 to the Appendix of the Data Processing Agreement.
Clause 18
Choice of forum and jurisdiction(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
(b) The Parties agree that those shall be the courts of the members state specified on Annex 1 to the Appendix of the Data Processing
Agreement.
(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member
State in which he/she has his/her habitual residence.
(d) The Parties agree to submit themselves to the jurisdiction of such courts.

APPENDIX
Please refer to the Appendix to the Kodak Customer Data Processing Agreement.
ANNEX IANNEX II - TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE
SECURITY OF THE DATAANNEX III – LIST OF SUB-PROCESSORS

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International Data Transfer Addendum to the EU Commission Standard Contractual Clauses
VERSION B1.0, in force 21 March 2022

This Addendum has been issued by the Information Commissioner for Parties making Restricted Transfers. The Information
Commissioner considers that it provides Appropriate Safeguards for Restricted Transfers when it is entered into as a legally binding
contract.
Part 1: Tables
Refer to the Appendix of the Data Processing Agreement for information required by the Tables.
Part 2: Mandatory Clauses
1.
Each Party agrees to be bound by the terms and conditions set out in this Addendum, in exchange for the other Party also
agreeing to be bound by this Addendum.
Although Annex 1A and Clause 7 of the Approved EU SCCs require signature by the Parties, for the purpose of making RestrictedTransfers, the Parties may enter into this Addendum in any way that makes them legally binding on the Parties and allows data
subjects to enforce their rights as set out in this Addendum. Entering into this Addendum will have the same effect as signing theApproved EU SCCs and any part of the Approved EU SCCs. The Parties agree that they are bound by this Addendum upon
execution of the Data Processing Agreement.
Interpretation of this Addendum
2.
Where this Addendum uses terms that are defined in the Approved EU SCCs those terms shall have the same meaning as in the
Approved EU SCCs. In addition, the following terms have the following meanings:

3.

aAddendum: This International Data Transfer Addendum which is made up of this Addendum incorporating the Addendum
EU SCCs.

b

Addendum EU SCCs: The version(s) of the Approved EU SCCs which this Addendum is appended to, as set out in Table 2,
including the Appendix Information.

cAppendix Information: As set out in Table 3.

dAppropriate Safeguards: The standard of protection over the personal data and of data subjects’ rights, which is required by
UK Data Protection Laws when you are making a Restricted Transfer relying on standard data protection clauses under
Article 46(2)(d) UK GDPR.

eApproved Addendum: The template Addendum issued by the ICO and laid before Parliament in accordance with s119A of
the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 17.

f

Approved EU SCCs: The Standard Contractual Clauses set out in the Annex of Commission Implementing Decision (EU)2021/914 of 4 June 2021.

g

ICO: The Information Commissioner.

hRestricted Transfer: A transfer which is covered by Chapter V of the UK GDPR.

i

UK: The United Kingdom of Great Britain and Northern Ireland.

j

UK Data Protection Laws: All laws relating to data protection, the processing of personal data, privacy and/or electronic
communications in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018.

k

UK GDPR: As defined in section 3 of the Data Protection Act 2018.

This Addendum must always be interpreted in a manner that is consistent with UK Data Protection Laws and so that it fulfils theParties’ obligation to provide the Appropriate Safeguards.

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4.

If the provisions included in the Addendum EU SCCs amend the Approved SCCs in any way which is not permitted under the
Approved EU SCCs or the Approved Addendum, such amendment(s) will not be incorporated in this Addendum and theequivalent provision of the Approved EU SCCs will take their place.

5.

If there is any inconsistency or conflict between UK Data Protection Laws and this Addendum, UK Data Protection Laws applies.

6.

If the meaning of this Addendum is unclear or there is more than one meaning, the meaning which most closely aligns with UK
Data Protection Laws applies.

7.

Any references to legislation (or specific provisions of legislation) means that legislation (or specific provision) as it may changeover time. This includes where that legislation (or specific provision) has been consolidated, re-enacted and/or replaced after thisAddendum has been entered into.

Hierarchy
8.
Although Clause 5 of the Approved EU SCCs sets out that the Approved EU SCCs prevail over all related agreements between theparties, the parties agree that, for Restricted Transfers, the hierarchy in Section 9 will prevail.
9.

Where there is any inconsistency or conflict between the Approved Addendum and the Addendum EU SCCs (as applicable), theApproved Addendum overrides the Addendum EU SCCs, except where (and in so far as) the inconsistent or conflicting terms of
the Addendum EU SCCs provides greater protection for data subjects, in which case those terms will override the Approved
Addendum.

10.

Where this Addendum incorporates Addendum EU SCCs which have been entered into to protect transfers subject to the General
Data Protection Regulation (EU) 2016/679 then the Parties acknowledge that nothing in this Addendum impacts those Addendum
EU SCCs.

Incorporation of and changes to the EU SCCs
11. This Addendum incorporates the Addendum EU SCCs which are amended to the extent necessary so that:a.

together they operate for data transfers made by the data exporter to the data importer, to the extent that UK Data
Protection Laws apply to the data exporter’s processing when making that data transfer, and they provide Appropriate
Safeguards for those data transfers;b.

Sections 8 to 10 override Clause 5 (Hierarchy) of the Addendum EU SCCs; andc.

this Addendum (including the Addendum EU SCCs incorporated into it) is (1) governed by the laws of England and Wales and(2) any dispute arising from it is resolved by the courts of England and Wales, in each case unless the laws and/or courts of
Scotland or Northern Ireland have been expressly selected by the Parties.

12.

Unless the Parties have agreed alternative amendments which meet the requirements of Section 11, the provisions of Section 14
will apply.

13.

No amendments to the Approved EU SCCs other than to meet the requirements of Section 11 may be made.

14.

The following amendments to the Addendum EU SCCs (for the purpose of Section 11) are made:a.

References to the “Clauses” means this Addendum, incorporating the Addendum EU SCCs;b.

In Clause 2, delete the words:“and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual
clauses pursuant to Article 28(7) of Regulation (EU) 2016/679”;c.

Clause 6 (Description of the transfer(s)) is replaced with:“The details of the transfers(s) and in particular the categories of personal data that are transferred and the purpose(s) for
which they are transferred) are those specified in Annex I.B where UK Data Protection Laws apply to the data exporter’s
processing when making that transfer.”;d.

Clause 8.7(i) of Module 1 is replaced with:

Schedule 2: UK Addendum to the SCCs

Page 11“it is to a country benefitting from adequacy regulations pursuant to Section 17A of the UK GDPR that covers the onward
transfer”;
e.

Clause 8.8(i) of Modules 2 and 3 is replaced with:“the onward transfer is to a country benefitting from adequacy regulations pursuant to Section 17A of the UK GDPR thatcovers the onward transfer;”f.

References to “Regulation (EU) 2016/679”, “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement ofsuch data (General Data Protection Regulation)” and “that Regulation” are all replaced by “UK Data Protection Laws”.
References to specific Article(s) of “Regulation (EU) 2016/679” are replaced with the equivalent Article or Section of UK Data
Protection Laws;g.

References to Regulation (EU) 2018/1725 are removed;h.

References to the “European Union”, “Union”, “EU”, “EU Member State”, “Member State” and “EU or Member State” are all
replaced with the “UK”;i.

The reference to “Clause 12(c)(i)” at Clause 10(b)(i) of Module one, is replaced with “Clause 11(c)(i)”;j.

Clause 13(a) and Part C of Annex I are not used;k.

The “competent supervisory authority” and “supervisory authority” are both replaced with the “Information Commissioner”;l.

In Clause 16(e), subsection (i) is replaced with:“the Secretary of State makes regulations pursuant to Section 17A of the Data Protection Act 2018 that cover the transfer of
personal data to which these clauses apply;”;m. Clause 17 is replaced with:“These Clauses are governed by the laws of England and Wales.”;n.

Clause 18 is replaced with:“Any dispute arising from these Clauses shall be resolved by the courts of England and Wales. A data subject may also bringlegal proceedings against the data exporter and/or data importer before the courts of any country in the UK. The Parties
agree to submit themselves to the jurisdiction of such courts.”; ando.

The footnotes to the Approved EU SCCs do not form part of the Addendum, except for footnotes 8, 9, 10 and 11.

Amendments to this Addendum
15. The Parties may agree to change Clauses 17 and/or 18 of the Addendum EU SCCs to refer to the laws and/or courts of Scotland or
Northern Ireland.
16.

If the Parties wish to change the format of the information included in Part 1: Tables of the Approved Addendum, they may do soby agreeing to the change in writing, provided that the change does not reduce the Appropriate Safeguards.

17.

From time to time, the ICO may issue a revised Approved Addendum which:a.

makes reasonable and proportionate changes to the Approved Addendum, including correcting errors in the Approved
Addendum; and/orb.

reflects changes to UK Data Protection Laws;

The revised Approved Addendum will specify the start date from which the changes to the Approved Addendum are effective andwhether the Parties need to review this Addendum including the Appendix Information. This Addendum is automaticallyamended as set out in the revised Approved Addendum from the start date specified.
18.

If the ICO issues a revised Approved Addendum under Section 17, if any Party selected in Table 4 “Ending the Addendum whenthe Approved Addendum changes”, will as a direct result of the changes in the Approved Addendum have a substantial,
disproportionate and demonstrable increase in:

Schedule 2: UK Addendum to the SCCs

Page 12a

its direct costs of performing its obligations under the Addendum; and/orb

its risk under the Addendum,

and in either case it has first taken reasonable steps to reduce those costs or risks so that it is not substantial anddisproportionate, then that Party may end this Addendum at the end of a reasonable notice period, by providing written noticefor that period to the other Party before the start date of the revised Approved Addendum.
19.

The Parties do not need the consent of any third party to make changes to this Addendum, but any changes must be made inaccordance with its terms.

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Schedule 3: Transfer Risk Assessment Information
Kodak is a global technology company providing industry-leading products and services for commercial print, packaging,
publishing, manufacturing and entertainment. Kodak is headquartered in Rochester, New York USA, and has affiliates andoffices around the world. Our main establishment and representative in the EEA is Kodak GmbH.
Eastman Kodak Company
343 State Street
Rochester, N.Y. 14650 USA
privacy@kodak.com

Kodak GmbH
Data Privacy
Hedelfinger Str. 60
70327 Stuttgart Germany

Kodak primarily operates as a supplier or equipment and related services, and we may access or receive customer personaldata, such as equipment logs containing IP addresses and information about the professionals who use our products.
Personal information may also be included in files or materials that customers provide Kodak in connection with cloudbased printing services. In each case, the personal data are processed solely as needed to provide the requested service
and for closely related purposes, such as evaluating the technical status of the equipment and customer support.
All customer data processed by Kodak are protected by Kodak’s Global Privacy Policy and Kodak’s Information Security
Management Program. Additionally, to assure adequate protection for data viewed by or transferred to personnel outsideof the EEA, Kodak is bound by the terms of the Standard Contractual Clauses (or the UK Addendum, as applicable) as
incorporated into our Customer Data Processing Agreement.
Kodak is sensitive to concerns that its customers and regulators in Europe have with respect to cross-border data transfers,
and to ensuring that data is not at risk of inappropriate disclosure to foreign law enforcement and national security
agencies. To comply with the guidance issued by our EEA regulators, Kodak has assessed the risks of its data transfers andtaken steps to mitigate these risks. While each Kodak customer must undertake its own transfer risk assessment, we canshare the following observations:oWhere personal data are transferred to Kodak, the risk of disclosure to foreign law enforcement and national security
agencies is very low, and (even if the relationship with Kodak creates some additional risk) data protection authorities
likely will allow companies to determine that the risks are acceptable. In particular:oKodak has not historically received any requests from foreign law enforcement or national security agencies forcustomer data, and we do not anticipate receiving these requests in the future. Additionally, the non-sensitive
data elements contained in the logs and files are unlikely to be of interest to any foreign government.

oShould a disclosure request be received, Kodak would evaluate the request using a strict, formal process. This
process includes assessing the validity of any disclosure request (and resisting any requests that are not valid).
Unless we were prohibited from doing so, we would notify our customer of the request, and we would consult
with the applicable supervisory authority in the event that we were prohibited from notifying an EEA/UK-based
customer. We will also assist the customer with resisting the request, in the event that it is overly broad. We arecommitted to ensuring that customer data is always appropriately protected.

o

For transfers to the United States, customer data are inaccessible to the security programs that the European
Court of Justice found to be problematic in the 2020 Schrems II opinion, namely Executive Order (EO) 12333 andunder Section 702 of the Foreign Intelligence Surveillance Act (FISA). The primary concern regarding EO 12333 is
the US government’s ability to collect personal data while it is in transit to the US by intercepting data travelingover transatlantic cables. Personal data can effectively be protected by this type of interception through security
measures, such as encryption. Kodak does not download or transfer any unencrypted personal data in the courseof providing support services.
Similarly, customer data is not at risk of exposure to US agencies under the FISA 702 surveillance programs. Only
“electronic communications services providers” (ECSPs) are subject to the directives under FISA. While thedefinition of ECSP could be understood to be broad, in practice only a small number of companies actually
receive FISA 2702 orders. Kodak does not provide telecommunications or electronic messaging services and is
not classified as an ECSP. Kodak does not receive FISA disclosure directives and does not anticipate receiving
them in the future.

oAdditionally, to further address and mitigate risks raised by the Schrems court, the US government has
implemented additional controls and safeguards, including the 7 October 2022 Executive Order on Enhancing

Schedule 3: Transfer Risk Assessment Information

Page 14

Safeguards for United States Signals Intelligence Activities. 2 This Order:•

Adds further safeguards for U.S. signals intelligence activities, including requiring that such activities
be conducted only in pursuit of defined national security objectives; take into consideration the privacy
and civil liberties of all persons, regardless of nationality or country of residence; and be conducted
only when necessary to advance a validated intelligence priority and only to the extent and in amanner proportionate to that priority.

•

Mandates handling requirements for personal information collected through signals intelligence
activities and extends the responsibilities of legal, oversight, and compliance officials to ensure thatappropriate actions are taken to remediate incidents of non-compliance.

•

Requires U.S. Intelligence Community elements to update their policies and procedures to reflect the
new privacy and civil liberties safeguards contained in the Order.

•

Creates a multi-layer mechanism for individuals to obtain independent and binding review andredress of claims that their personal information collected through U.S. signals intelligence wascollected or handled by the United States in violation of applicable U.S. law, including the enhanced
safeguards in the Order.

•

Calls on the Privacy and Civil Liberties Oversight Board to review Intelligence Community policies andprocedures to ensure that they are consistent with the Executive Order and to conduct an annual
review of the redress process.

A response statement from the EU Commission 3 also issued on 7 October notes that these are “significant
improvements” and indicates that, on the basis of the Order, the Commission will now prepare a draft adequacy
decision for the new EU-US Data Privacy Framework and launch the adoption procedure for the updated
Framework. This adequacy decision was issued on 10 July 2023. 4
While Kodak does not participate directly in the Data Privacy Framework, the Order itself provides clear evidence
that risks raised by the Schrems court are being mitigated by the US government, also supporting theappropriateness of transfers pursuant to the Standard Contractual Clauses.

Order: https://www.whitehouse.gov/briefing-room/presidential-actions/2022/10/07/executive-order-on-enhancing-safeguards-forunited-states-signals-intelligence-activities/
Fact Sheet: https://www.whitehouse.gov/briefing-room/statements-releases/2022/10/07/fact-sheet-president-biden-signs-executiveorder-to-implement-the-european-union-u-s-data-privacy-framework/3
https://ec.europa.eu/commission/presscorner/detail/en/qanda_22_6045
4
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3721
2

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