The EU Standard Contractual Clauses (SCCs) are a set of legal agreements that regulate the transfer of personal data from the European Union to countries outside the EU. Under the General Data Protection Regulation (GDPR), companies that process personal data of EU citizens must comply with specific rules to protect their privacy rights.
The SCCs provide a mechanism for EU-based organizations to transfer personal data to third-party service providers located in non-EU countries. They are also known as Model Clauses or Standard Data Protection Clauses, and they are designed to ensure that the personal data of EU citizens is adequately protected no matter where it is processed.
There are four sets of SCCs that are available for use depending on the relationship between the data exporter and the data importer:
1. Controller-to-controller transfers: This set of SCCs is used when two controllers transfer personal data between them.
2. Controller-to-processor transfers: This set of SCCs is used when a controller transfers personal data to a processor.
3. Processor-to-processor transfers: This set of SCCs is used when a processor transfers personal data to another processor.
4. Processor-to-controller transfers: This set of SCCs is used when a processor transfers personal data to a controller.
The SCCs require the parties to agree to specific obligations, including ensuring that personal data is only processed in accordance with the instructions of the data exporter, implementing appropriate security measures, and providing data subjects with certain rights.
Under GDPR, companies that transfer personal data from the EU to a third country must ensure that the recipient country provides an adequate level of protection for personal data. If the recipient country does not offer this level of protection, the SCCs provide a legal basis for transferring the data while still protecting the data subject`s rights.
The SCCs are a valuable tool for ensuring that EU-based organizations can transfer personal data outside the EU while still complying with GDPR. Companies must ensure that they have appropriate SCCs in place before transferring personal data outside the EU to avoid potential fines or legal action.