How Does the Docking Clause Work in Practice? Are There Any Formal Requirements for New Parties to Join the Agreement?
ANSWER
One or more new parties may accede to the SCCs with the agreement of all existing parties to the SCCs.
The SCCs do not prescribe any specific formal requirements for such consent. However, the consent must be given in accordance with the applicable national law. For example, where permitted by applicable law, one party may be authorized by the other parties to approve the accession of a new party to the SCCs on their behalf.
Once the required consent has been obtained, the new party must:
- complete the relevant annexes; and
- sign the SCCs together with the annexes.
Simply amending the main agreement to add new parties is not sufficient where the SCCs are attached to that agreement. New parties must formally accede to the SCCs themselves by completing and signing the SCC documentation.
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".
