Standard Contractual Clauses for International Transfers from Controllers to Processors

  • 02/04/2022

Standard contractual clauses for international transfers from controllers to processors are an important aspect of data protection and compliance. They provide a template for businesses to follow when transferring personal data across borders, ensuring that the data is protected and GDPR-compliant at all times.

At its core, the standard contractual clauses (SCCs) are legal agreements between a data controller and a data processor, outlining the responsibilities of each party and ensuring that appropriate safeguards are in place to protect the personal data being transferred.

The SCCs are a standardized template set out by the European Commission, designed to apply to any organization transferring personal data from the EU to a third country outside the EU. These can be used across a range of data processing activities, such as cloud computing, data analytics, and software development.

One of the primary aims of the SCCs is to ensure that organizations comply with the GDPR’s requirements for data protection, even when data is transferred outside of the EU. This is achieved by clearly defining the responsibilities of both the data controller and processor, ensuring both parties implement appropriate technical and organizational measures to protect personal data.

For example, the SCCs require that controllers conduct a risk assessment of the data transfer, ensuring that it meets the requirements of the GDPR’s principles of data protection, namely that the processing of personal data is lawful, fair, and transparent. They also require that processors follow the data controller’s instructions, and have adequate technical and organizational measures in place to ensure the safe and secure processing of personal data.

There are several key principles to bear in mind when using SCCs for international transfers of personal data. First, the SCCs must be used in their entirety, without any changes or modifications. Second, both the data controller and the data processor must sign the SCCs, either in electronic or hard copy format. Third, the SCCs must be kept up-to-date, to ensure that they continue to meet the GDPR’s requirements.

Overall, standard contractual clauses for international transfers from controllers to processors are an essential tool for businesses operating across borders, enabling them to comply with the GDPR’s requirements and protect personal data at all times. By following these guidelines, businesses can ensure that they’re operating lawfully and ethically, and that they’re protecting the privacy and security of their customers’ personal information.