European Commission’s draft Standard Contractual Clauses Jointly Commented on by EDPB and EDPS

• 27/01/2021
• Articles

The European Data Protection Board (EDPB) and European Data Protection Supervisor (EDPS) commented on the European Commission’s draft standard contractual clauses (SCCs) for the transfer of data to third countries (the Transfer SCCs), and between data controllers and data processors (the Processor SCCs). 

The Transfer SCCs would replace the three current sets of transfer SCCs, which are the main safeguards used to transfer personal data to third countries outside the EU/EEA. By contrast, there are currently no EU-wide template SCCs for contracts between controllers and processors.

Overall, the EDPB and EDPS welcome both sets of SCCs. The Transfer SCCs present a reinforced level of protection for data subjects, while the Processor SCCs will help to ensure full harmonisation and legal certainty across the EU for contracts between controllers and their processors. Nevertheless, the EDPB and EDPS request the Commission to make some amendments and include further clarifications in the final text of the SCCs. 

Please click below for a short note on the joint opinions of the EDPB and EDPS.