A controller may ask the ANPD to approve specific contractual clauses only where the transfer cannot be carried out using the standard clauses because of exceptional, proven circumstances of fact or law. The clauses must provide for the application of Brazilian data protection law and ANPD supervision, adopt the wording of the standard clauses wherever possible and identify each specific clause with its justification; the full set of clauses is submitted for approval with the constitutive documents and a demonstration of the requirements, and the ANPD weighs compatibility, equivalence with the standard clauses and the risks and benefits. Changes to approved specific clauses need prior ANPD approval.
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.