Standard Contractual Clauses (SCCs) are an essential tool for companies that transfer personal data outside the European Economic Area (EEA). These clauses help ensure that these transfers comply with the European Union`s General Data Protection Regulation (GDPR) and offer adequate protection for the individuals` data involved.
But who signs these clauses? It depends on the type of relationship between the parties involved in the data transfer.
1. Data Controllers and Data Processors
The GDPR defines two categories of entities that handle personal data: data controllers and data processors. A data controller determines the purposes and means of processing personal data, while a data processor processes personal data on behalf of the controller.
When a data controller in the EEA transfers personal data to a data processor outside the EEA, they must sign SCCs to ensure the processor provides adequate protection for the data. Both parties must sign the SCCs, and the processor must agree to comply with the terms set out in the clauses.
2. Third-Party Data Processors
Sometimes, a data processor may use a subcontractor to process personal data. In this case, the subcontractor becomes a third-party data processor and must also sign SCCs with the original data controller. The SCCs should ensure that the third-party data processor agrees to process the personal data only in accordance with the original contract between the controller and processor, and that the processor provides adequate data protection measures.
3. Joint Controllers
A joint controller is an entity that, together with another entity, determines the purposes and means of processing personal data. In this case, both controllers must sign SCCs when they transfer personal data outside the EEA. The SCCs must state which controller is responsible for fulfilling which obligations under the GDPR`s data protection rules.
In conclusion, multiple parties must sign SCCs when transferring personal data outside the EEA, depending on their role and relationship in handling that data. These contractual clauses are essential in ensuring data protection for individuals and ensuring that companies comply with GDPR regulations. As a professional, it is crucial to understand the intricacies of SCCs to produce informative articles for businesses and individuals.