Q&As

When incorporating the EU Standard Contractual Clauses (SCCs) into a separate Service Agreement/Data Protection Agreement can such incorporation be by reference to the clauses online, provided it is made clear to the signatories that execution of the Service Agreement/Data Protection Agreement also represents execution in full of the SCCs?

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Published on: 04 July 2019
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As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations and the Information Commissioner’s Office’s (ICO) guidance on international transfers, the Use of SCCs, pre-approved by the Commission, provides an appropriate safeguard permitting transfers of personal data from a controller in the EEA (exporter) to a recipient party outside the EEA (importer).

This Q&A assumes the SCCs referred to in the question are the 2010 Controller to Processor SCCs. Reference to SCCs (or parts of them) below are therefore to the 2010 Controller to Processor SCCs and we have solely considered this question by reference to those SCCs. For details of controller to controller versions, see Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations.

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Jurisdiction(s):
United Kingdom
Key definition:
Contract definition
What does Contract mean?

A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.

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