Model Contracts for the transfer of personal data to third countries
Overview
The Council and the European Parliament have given the Commission the power to decide, on the basis of Article 26 (4) of directive 95/46/EC that certain standard contractual clauses offer sufficient safeguards as required by Article 26 (2), that is, they provide adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights.
The procedure for adoption by the Commission of standard contractual clauses is as follows:
- A proposal from the Commission,
- an opinion of the group of the national data protection commissioners (Article 29 working party)
- An opinion of the Article 31 Management committee delivered by a qualified majority of Member States.
- A thirty-day right of scrutiny for the European Parliament, to check if the Commission has used its executing powers correctly. The EP may, if it considers it appropriate, issue a recommendation.
- The adoption of the decision by the College of Commissioners.
The effect of such a decision is that by incorporating the standard contractual clauses into a contract, personal data can flow from a Data Controller established in any of the 27 EU MS and three EEA member countries (Norway, Liechtenstein and Iceland) to a Data Controller or to data processors established in a country not ensuring an adequate level of data protection. The Commission has so far issued two sets of standard contractual clauses for transfers to data controllers established outside the EU/EEA and set of contractual clauses to data processors established outside the EU/EEA.
Commission Staff Working Document SEC (2006) 95
Commission Staff Working Document on the implementation of the Commission decisions on standard contractual clauses for the transfer of personal data to third countries (2001/497/EC and 2002/16/EC)
- SEC (2006) 95
Commission Decision C(2004)5271
Commission approves new standard clauses for data transfers to non-EU countries (7.1.2005)
- Press release
- Frequently asked questions
- Decision C(2004)5271
Commission Decision 2001/497/EC
- Commission
Decision 2001/497/EC of 15 June 2001 under the Directive 95/46/EC
- O.J. L 181/19 of 4.7.2001
- Complete text of the decision with the annex standard contractual clauses
- Press Release
- Frequently Asked Questions on the Commission Decision 2001/497/EC
- Commission replies to letters received from Business Organisations and the US Departments of Treasury and Commerce (April 2001)
- Opinion 1/2001 on the Draft Commission Decision under the Article 26(4) of Directive 95/46, adopted by the Art. 29 Working Party on 26.1.2001
Standard Contractual Clauses for Data Processors established in Third Countries
- Commission Decision of 5 February 2010 on standard contractual
clauses for the transfer of personal data to processors established
in third countries under Directive 95/46/EC of the European Parliament
and of the Council (notified under document C(2010) 593)
- Official Journal L 39 of 12.02.2010, p.5
- Word documents:
- Press
Release (IP 10/130), 05.02.2010 :
Safer standards for European citizens' data transfers to processors
in third countries
- Memo
(10/30), 05.02.2010 :
Decision updating the standard contractual clauses for the transfer
of personal data to processors established in non-EU countries
- Commission Decision (2002/16/EC) of 27 December 2001 under the
Directive 95/46/EC (Repealed by the Commission Decision C(2010)
593)
- Complete text of the decision without the annex.
- Complete text of the decision with the annex "Standard Contractual
Clauses"
The model of the standard contractual clauses are only available in the PDF document of the Decision.
- Opinion 7/2001 on the Draft Commission Decision (version 31 August 2001) under the Article 26(4) of Directive 95/46
- Comments to the outcome of the public consultation
- Press
Release (IP 02/102), 22.01.2002 :
Data Protection: Standard contractual clauses to facilitate personal
data transfers to third countries for processing
Press releases
- The Commission urges Member States and Data Protection Authorities to improve the notification of international data transfers (26.09.2003)
- The Art. 31 Committee gives green light to the Draft Commission Decision (4 December 2001)
- New developments on standard contractual clauses for the transfer of personal data to third countries (16 November 2001)
- Preliminary draft of a Commission decision under Article 26 (4) of the Directive 95/46/EC that do not provide an adequate level of protection for the processing of personal data (29 September 2000)
