One decision deals with so-called data processing, where a processor processes personal data on behalf of a controller (according to Art. 28 of the GDPR). The other decision deals with the so-called third country transfer, where personal data is transferred to a country outside the EU.
Our standard data protection clause generator allows you to use questions to put together the right contract template with the clauses relevant to you. After answering a few questions, you can download a suitable template in DOC format.
The template for a commissioned processing provided by the European Commission represents a possible contractual arrangement to fulfil the requirements of Art. 28 of the GDPR.
If this template is used, the user cannot be accused by the data protection authorities of not fulfilling the requirements of Art. 28 of the GDPR.
Data transfers to so-called third countries without an adequate level of data protection are only permitted if certain requirements are met, for example by concluding standard data protection clauses within the meaning of Art. 46(2)(c) of the GDPR. As of 4 June 2021, the European Commission has replaced the previous model contracts (so-called standard contractual clauses) by a new Commission decision. As of 27 June 2021, the new model contracts are to be used (from 27 September 2021 only the new standard contract clauses may be used). For contracts already concluded using the old standard contractual clauses, there is a transition period until 27 December 2022 to replace them with the new standard data protection clauses.
In contrast to the old standard contractual clauses, the new templates have a modular structure. To help you put together the right template, you can use our standard data protection clause generator.
Please note that the Taylor Wessing SCC Generator is a free and non-binding offer for information purposes. Its use does not constitute legal advice and does not establish a client relationship. For specific legal questions, we recommend that you seek the advice of one of our experts.