FITUG e.V. Förderverein Informationstechnik und Gesellschaft

RFC - "Standard clauses for the transfer of personal data to third countries"

http://europa.eu.int/comm/internal_market/en/media/dataprot/news/callcom.htm

Preliminary draft of a Commission decision under Article 26(4) of the Directive 95/46/EC on standard clauses for the transfer of personal data to third countries that do not provide an adequate level of protection for the processing of personal data

CALL FOR COMMENTS

The services of the European Commission are preparing a Commission decision under Article 26 (4) of the Directive 95/46/EC with the assistance of the Working Party on the protection of individuals with regards to the processing of personal data (established by Article 29 of the Directive) and the Committee established by Article 31 of the Directive. The objective of this decision is to recognise model contractual clauses, of which a draft is attached hereto, as providing adequate safeguards to the purpose of an international transfer of personal data.

The aim of this draft Commission decision would be to facilitate the transfer of personal data to third countries that do not provide adequate protection for the processing of personal data while providing sufficient 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. Therefore, it would be an useful tool for companies interested in the transfer of personal data outside of the European Union and the European Economic Area.

The European Commission would like to receive comments to these draft model clauses, in particular from European business and consumer associations. Those interested are invited to send their comments to the following e-mail: MARKT-E1@cec.eu.int before the 16th of October.

See

http://europa.eu.int/comm/internal_market/en/media/dataprot/news/annexen.pdf

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