Standard Contractual Clauses (SCC) – Questions and Answers

Two sets of templates prepared by the European Commission

The first of the adopted sets is intended for use within the European Economic Area (EEA), between data controllers and data processors.

The content of this set of SCC is compliant with Article 28(3) and (4) of Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR") and with Article 29(3) and (4) of Regulation (EU) 2018/1725 (Regulation on the protection of personal data applicable to EU institutions, bodies, offices, and agencies, "EUDPR").

The clauses may be used by both private and public entities, ensuring a coherent framework for the relationship between data controllers and data processors.

The second of the adopted sets of SCC assists in the implementation of the transfer of personal data outside the EEA. Its purpose is to meet the requirements of the GDPR during such transfers by ensuring the application of appropriate safeguards that guarantee a high level of personal data protection.

Many variants available for use

The application of SCC requires the conclusion of a contract, thus creating a mutual obligation for the parties to comply with the clauses. Part of the content of the SCC is general in nature and is therefore required in every case. The remaining part of the template has a modular structure, meaning that a specific variant (module) applies depending on the circumstances.

It should be noted that when designing the SCC, the European Commission aimed to maintain a consistent approach to data protection issues. Consequently, parties intending to use the SCC templates have limited ability to modify the content of the clauses and must also make the appropriate choice of one of the alternative variants (modules).

The European Commission clarifies doubts –
ODO 24 translates the clarifications into Polish

Consequently, the proper use of the SCC templates may present certain difficulties that require clarification. On May 25, 2022, the European Commission addressed a number of concerns by publishing a document titled “Questions and Answers for the two sets of Standard Contractual Clauses” (“Pytania i odpowiedzi dotyczące dwóch zestawów Standardowych Klauzul Umownych”). The purpose of this publication is to provide practical guidance on the application of the SCC to facilitate the actions of interested parties aimed at ensuring compliance with applicable regulations.