Can Multiple Modules Be Used by the Same Parties at the Same Time?
ANSWER
Yes. As explained in the answer to Question 26, the parties must select the module(s) that correspond to the specific factual situation. It is possible that the parties may perform different roles in relation to different data transfers taking place between them under the same contractual relationship.
In such cases, the parties should use the appropriate module for each data transfer. For example, for certain data transfers carried out by a controller (the data exporter), the data importer may act as a controller, while for other transfers it may act as a processor.
In that situation, the parties may use both:
- Module 1 (for transfers where both the data exporter and the data importer act as controllers); and
- Module 2 (for transfers where the data exporter acts as a controller and the data importer acts as a processor).
The above answer is based on an official document of the European Commission.
You can review it at: https://ec.europa.eu/info/sites/default/files/questions_answers_on_sccs_en.pdf
A translated version of this document is also available on our blog under the title: "Standard Contractual Clauses (SCCs) – Questions and Answers".
