Originally published 16 June 2010
Keywords: privacy, data protection law, transfer, EU, contractual clauses
On 5 February 2010, the EU Commission decided to update the standard contractual clauses for the transfer of personal data from data controllers to data processors located in non-EU countries that are not recognised as offering an adequate level of data protection.
These came into force on 15 May 2010 and replace the previous standard contractual clauses for data controller to data processor transfers which had been in use since 2001 but must no longer be adopted.
The new standard model terms must now be used where:
- A new arrangement governing the transfer of personal data from a data controller to data processor outside of the EU is going to be entered into; or
- The data processing operations or data transfers carried out under an existing arrangement incorporating the previous 2001 standard model terms are going to be changed or where the data processor is going to be authorised to subcontract its processing obligations.
The standard model terms governing the transfer of personal data between data controllers has not yet been updated.
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