European Commission Decision 2010/87/Eu Standard Contractual Clauses

The European Commission Decision 2010/87/EU Standard Contractual Clauses: What You Need to Know

If you`re a business that handles personal data of individuals in the EU, then you need to be familiar with the European Commission Decision 2010/87/EU Standard Contractual Clauses. These clauses are designed to protect the privacy and data of EU citizens that might be processed by non-EU companies. Here`s what you need to know about them.

What are Standard Contractual Clauses?

The Standard Contractual Clauses (SCCs) are a set of contractual clauses that are used to facilitate the transfer of personal data from the EU to countries outside the EU that don`t have adequate data protection laws. These clauses are a key part of the EU`s data protection framework.

What is the European Commission Decision 2010/87/EU?

The European Commission Decision 2010/87/EU approves the use of SCCs for transfers of personal data to third countries. The decision lays out the requirements for the use of SCCs and provides a set of model clauses that can be used by companies to implement them.

What are the requirements for using SCCs?

There are several requirements that companies must meet in order to use SCCs. First, the SCCs must be incorporated into a contract between the data exporter and the data importer. The contract must be binding on both parties and enforceable under the law of the EU member state where the data exporter is located.

Second, the SCCs must reflect the specific circumstances of the transfer. This means that companies must ensure that the SCCs are appropriate for the type of personal data being transferred, the countries involved in the transfer, and the purposes of the transfer.

Third, the SCCs must include certain mandatory provisions. These include provisions relating to the rights of data subjects, the obligations of the data importer, and the liability of both parties.

Finally, companies must ensure that they are able to comply with the SCCs in practice. This means that they must have appropriate technical and organizational measures in place to ensure the security and confidentiality of the personal data that they are transferring.

What are the benefits of using SCCs?

One of the main benefits of using SCCs is that they provide a streamlined way for companies to transfer personal data outside the EU. By using SCCs, companies can ensure that they are complying with EU data protection laws and are protecting the privacy of EU citizens.

In addition, using SCCs can help to build trust with customers and business partners. By demonstrating that they are taking data protection seriously, companies can enhance their reputation and improve their relationships with stakeholders.

Conclusion

The European Commission Decision 2010/87/EU Standard Contractual Clauses are an important tool for businesses that are involved in the transfer of personal data from the EU to third countries. By ensuring that they meet the requirements of the SCCs, companies can protect the privacy and data of EU citizens and build trust with their stakeholders. As a professional, it is important to understand the SCCs to be able to provide accurate and informative content to your clients.