What Is the Purpose of the Docking Clause?

ANSWER

The docking clause is an optional clause that allows the parties to the SCCs to agree that additional parties may join the agreement in the future.

It provides greater flexibility for the parties when there are future changes involving entities participating in the processing arrangement. For example, it can be used when the processing chain needs to be expanded to include an additional sub-processor.

Example:

A processor provides the same services to several controllers. Several years after entering into SCCs with one controller to ensure compliance with Article 28 GDPR, the parties agree that another controller may join the agreement by relying on the docking clause.

Example:

A controller transfers personal data to a processor located in a third country on the basis of SCCs for international data transfers (using Module 2). If the processor later wishes to engage a sub-processor, the parties may agree that the sub-processor should adhere to the originally concluded SCCs by joining them under Module 3.