What are Standard Contractual Clauses (SCCs) under GDPR?
EU Commission-approved model contracts for transferring data to third countries without an adequacy decision (GDPR Art. 46).
Standard Contractual Clauses (SCCs) are model contracts approved by the EU Commission for transferring personal data to countries outside the EU/EEA ("third countries"). They are the most-used basis (GDPR Art. 46(2)(c)) for transfers to countries without an adequacy decision. New SCCs (2021): the EC published Decision 2021/914 on 4 June 2021 — all old SCCs are invalid since 27 Dec 2022 and had to be replaced. Four modules: (1) Controller-Controller, (2) Controller-Processor, (3) Processor-Processor, (4) Processor-Controller. Choose the correct module per relationship. Mandatory additions post-Schrems II: since that ruling (see our Schrems II article) you MUST perform a Transfer Impact Assessment (TIA): assess whether the destination country offers additional safeguards regarding government access. Without a TIA + supplementary measures, SCCs alone are no longer enough. Supplementary measures: encryption at rest + in transit, pseudonymisation, split keys, zero-access architectures. When SCCs don't work: if the destination country has surveillance law conflicting with EU rights essence (e.g. USA FISA 702 — found in Schrems II). Then you need additional technical + organisational measures, or another transfer basis. Practical: major US cloud providers (AWS, Google Cloud, Microsoft Azure) include SCCs + DPA in standard contracts. Since 2023 also EU-US Data Privacy Framework as additional route — but prepare for a Schrems III.
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