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EU Data protection: Standard contractual clauses to facilitate personal data transfers to third countries for processing

http://europa.eu.int/comm/internal_market/en/dataprot/modelcontracts/02-102.htm


Data protection: Standard contractual clauses to facilitate personal data transfers to third countries for processing Countries

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The European Commission has adopted a Decision setting out standard contractual clauses for the transfer of personal data to processors (subcontractors) established in non-EU countries that are not recognised as offering an adequate level of data protection. The Decision simplifies the process for companies and organisations wishing or needing to transfer personal data for processing in a third country. In particular, the Decision offers companies a straightforward means of complying with their obligation to ensure "adequate protection" for personal data transferred to countries outside the EU. Use of these standard contractual clauses will be voluntary. Under the standard contractual clauses, an EU company exporting data should instruct its subcontractor to treat the data with full respect to the EU data protection requirements and should guarantee that appropriate technical and security measures are in place in the destination country. It complements Decision 2001/497/EC (IP/01/851) which laid down standard clauses for the transfer of personal data to controllers.

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See

<http://europa.eu.int/comm/internal_market/en/dataprot/modelcontracts /02-16_en.pdf>

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