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) introduced by Commission Decision 2004/915/EC of 27 December 2004 for the transfer of personal data from data controllers established in the EEA to a data controller established outside the EEA under the General Data Protection Regulation (EU) 2016/679, EU GDPR

  2. a template created by the ICO of the same SCCs for use under the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679, UK GDPR

The templates provided by the ICO include supplemental drafting notes added by the ICO, which you should refer to. The views of supervisory authorities in the EEA on SCCs under the EU GDPR may differ from the ICO (and one another) and local law and regulatory advice should be sought as appropriate.

EU GDPR SCC template

2004 SCC template—Background and forthcoming revocation

As explained in Practice Note: EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the EU GDPR restricts transfers of personal data outside the EEA (or to certain ‘international organisations’).

In summary, the 2001 or 2004 controller to controller SCCs may be used under Chapter V of the EU GDPR:

  1. to transfer

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