Standard contractual clauses for international transfers—2004 (set II)—controller to controller—ICO templates

The following Information Law precedent provides comprehensive and up to date legal information covering:

  • Standard contractual clauses for international transfers—2004 (set II)—controller to controller—ICO templates

Standard contractual clauses for international transfers—2004 (set II)—controller to controller—ICO templates

In brief

This Precedent links to:

  1. a template created by the UK Information Commissioner’s Office (ICO) of the ‘Set II’ or ‘2004’ EU Standard Contractual Clauses (also known as the Model Clauses or SCCs) originally introduced by Commission Decision 2004/915/EC of 27 December 2004 and previously used for the transfer of personal data from data controllers established in the EEA to a data controller established outside the EEA under the EU’s General Data Protection Regulation (EU) 2016/679 (the EU GDPR). Such SCCs can no longer be used in new contracts under the EU GDPR but may continue to be used as a basis for new or existing international transfers between controllers under the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (the UK GDPR). We call this template the ‘original version’.

  2. a subsequent template created by the ICO of the same SCCs with further ICO approved specific adaptations made for use under the UK GDPR, which may also be used as a basis for international transfers under the UK GDPR—we call this template the ‘UK GDPR version’.

In January 2022 the ICO published replacement SCCs and the following plans for retiring these 2004 SCCs. The 2004 SCCs (both the original and UK GDPR versions) may only be

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