Standard Contractual Clauses

The European Commission has issued long-awaited draft Standard Contractual Clauses and they have something for everyone…

  • Annexes and pick-and-choose modules (C2C, C2P, P2P, P2C).
  • Lots of emphasis on the laws of the country of transfer and pushing back on government requests.
  • Reiteration of some Article 26 (joint controller agreement) and Article 28 (data processor agreement)

“It is unknown what the new [Standard Contractual Clauses] will say on ‘Schrems II’ … It would be surprising if the new SCCs did not address the CJEU decision, but it may be overly optimistic to think that they will provide the much-needed certainty that privacy professionals are looking for. The additions are likely to