Commission publishes draft SCCs for transfers of personal data

Article summary

The European Commission has published a draft decision and associated draft standard contractual clauses (SCCs) proposed for use by a controller or a processor in the EEA (or that is otherwise subject to the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR)  as descried in the decision) in order to provide appropriate safeguards under Chapter V (Transfers of personal data to third countries or international organisations) of the GDPR for the transfer of personal data to a processor or a controller established in a third country. Those SCCs are also designed to meet the requirements of Articles 28(3) and (4) of the GDPR which set out a number of general minimum terms that must be incorporated into all contracts between controllers and processors or between processors and sub-processors. The Commission is seeking feedback on the drafts until 10 December 2020 (midnight Brussels time).