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Confidential <br />©2022 Workday (UDPE Global v22.3) Page 5 <br />City of San Leandro <br />(ii) When the Customer and Workday are lawfully permitted to rely on the EU SCCs for transfers of Personal Data from <br />UK Addendum <br />(a) The EU SCCs, completed as set out in Section 10.4.1 above, shall also apply to transfers of such UK Personal Data <br />and the 2010 SCCs will no longer apply; <br />(b) The UK Addendum shall be deemed executed between the transferring Customer and Workday, and the EU SCCs <br />shall be deemed amended as specified by the UK Addendum in respect of the transfer of such UK Personal Data. <br />10.4.3 Swiss Personal Data. In relation to Personal Data that is protected by the Swiss Federal Act on Data Protection, <br />the EU SCCs will apply amended and adapted as follows: <br />(i) the Swiss Federal Data Protection and Information Commissioner is the exclusive supervisory authority; <br />(ii) the term "member state" must not be interpreted in such a way as to exclude data subjects in Switzerland from the <br />possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18; and <br />(iii) references to the GDPR in the EU SCCs shall also include the reference to the equivalent provisions of the Swiss <br />Federal Act on Data Protection (as amended or replaced). <br />10.4.4 Clarifications.The Standard Contractual Clauses will be subject to the following clarifications: <br />(i) Workday will allow Customer to conduct audits as described in the Standard Contractual Clauses in accordance with <br />Section 8 of this DPE. <br />(ii) Customer consents to Workday appointing Subprocessors in accordance with Section 3 of this DPE, and Customer <br />may exercise its right to object to Subprocessors under the Standard Contractual Clauses in the manner set out in Section <br />3. <br />n 9 of this DPE. <br />(iv) Customer agrees that any assistance that Workday provides to Customer under the Standard Contractual Clauses <br />shall be provided through the Customer Audit Program. <br />(v) Nothing in this Section 10.4 of this DPE varies or modifies the Standard Contractual Clauses nor affects any <br />contradicts, directly or indirectly, the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail. <br />10.5 Order of precedence. Where more than one transfer mechanism applies, the transfer of Personal Data will be <br />subject to a single transfer mechanism in accordance with the following order of precedence: (i) the Workday BCRs, and <br />(ii) the Standard Contractual Clauses. <br />11. Additional European Terms <br />11.1 Description of Processing. The agreed subject-matter, the nature, purpose and duration of data processing, <br />the types of Personal Data and categories of Data Subjects are set forth in Addendum A to this DPE. <br />11.2 Data Protection Impact Assessments and Prior Consultations. Customer agrees that, to the extent <br />-current SOC 1 and SOC 2 audit reports (or comparable industry-standard successor reports) <br />and/or Workda c <br />consultations, and Workday shall make such reports available to Customer. To the extent Customer requires additional <br />assistance to meet its obligations under Article 35 and 36 of the GDPR to carry out a data protection impact assessment <br />Workday will, taking into account the nature of Processing and the information available to Workday, provide such <br />assistance to Customer through the Customer Audit Program. <br />Docusign Envelope ID: B7B2CF4A-C414-47B2-BF08-2BCDA4573B8E