European Commission publishes standard contractual clauses draft under Article 28 of the GDPR


On 12 November 2020, the European Commission opened a public consultation on its draft implementing decision on standard contractual clauses (“SCCs”) between controllers and processors located in the EU (“the Decision”).

The European Commission also published an annex to the Decision comprising the SCCs draft (“the Annex”).

According to the Decision, the SCCs set out in the Annex fulfill the requirements for contracts between the controller and the processor under Article 28 (3) and (4) of the GDPR and under Article 29(3) and (4) of Regulation (EU) 2018/1725.

The Decision and the Annex are subject to public consultation until 10 December 2020.

The consultation page is available here, where both the Decision and the Annex can be downloaded.