Legal News

EDPB Opinion 14/2019 and the drafting of Article 28 compliant clauses

Published on: 24 July 2019
Published by: LexisPSL
  • EDPB Opinion 14/2019 and the drafting of Article 28 compliant clauses
  • What is the background to the Opinion?
  • What was the EDPB’s view of the Draft SCCs?
  • What is the relevance of the Opinion for Mandatory Processor Provisions?
  • What changes did the EDPB recommend that may be generally relevant to Mandatory Processor Provisions?
  • Clauses which merely restate the provisions of Articles 28(3) and 28(4) are not sufficient
  • Using the same wording as the GDPR
  • Authorisation of sub-processors and changes to authorised sub-processors
  • Confidentiality obligations
  • Liability, governing law and jurisdiction provisions
  • More...

Article summary

Information Law analysis: At its twelfth plenary session, the European Data Protection Board (EDPB) issued Opinion 14/2019 on draft standard contractual clauses (SCCs) submitted by the Danish supervisory authority (Danish SA). That Opinion, which has so far received little attention within the data protection community, provides a first glimpse of the EDPB’s thinking on SCCs under Article 28 of the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) and, by extension, on the drafting of contractual provisions for compliance with the mandatory requirements of Article 28 more generally. This News Analysis highlights some of the key points in the Opinion and considers its potential implications. or take a trial to read the full analysis.

Popular documents