What are Standard Contractual Clauses in GDPR?

Standard Contractual Clauses:

Overall, SCC stands for standard contractual clauses, a set of contractual terms and conditions through contractual obligations that ensure data protection under the GDPR.

In a progressively connected and digitized world, data and information transfer is mandatory for the smooth operations of small businesses and administration.

SCC sets out the rights and obligations between the data processor and the controller. It protects the rights of the individuals whose data is being transferred. Furthermore, it safeguards international data under Article 46 of the GDPR.

The SCCs are particularly important in data protection. They contribute toward a harmonized approach that concerns cross-border processing or processing that affects the free flow of personal data of natural persons within the EEA itself. In addition, it will allow for the consistent implementation of the GDPR’s specific provisions.

What is included in SCC?

  • SCCs are intended to match data protection between countries within the EEA. This guarantees that personal data is safeguarded to an acceptable level under GDPR.

  • The clauses used in SCCs regarding transferring and processing personal data are deemed to comply with GDPR.

  • SCCs are easy to use and could remove the need for the negotiation of individual contracts.

  • SCCs can be added to existing contracts.

 

The adoption of SCCs effectively creates a contractual basis for transfers between data-exporting controllers and data-importing controllers/processors, regardless of their individual relationships. At the same time, assuring compliance with a legal obligation for such entities and providing for effective safeguards to the data subject, irrespective of where processing activity may ultimately take place.

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