These are called “standard contractual clauses” (sometimes referred to as “standard clauses”). There are four sentences that the Commission adopted under the directive. They must be entered by the data exporter (headquartered in the EEA) and by the data importer (outside the EEA). This provision follows Chapter III of the RGPD, which describes how the processing manager should be able to exercise different rights and respond to requests, such as requests for access to persons, requests for correction or erasure of personal data, and objections to processing. For more information, please see our guide to the rights of the individual. The contract (or any other legislative act) contains the details of the treatment, including: Personal data is transmitted by a processing manager in France to a processing manager in Ireland (both EEA countries) via a server in Australia. There are no plans to access or manipulate personal data while it is in Australia. Therefore, the transfer takes place only in Ireland. An updated list of countries with a suitability assessment is available on the European Commission`s data protection website. You should check for changes regularly. Under Article 28, paragraph 3, the contract (or any other legislative act) must contain the following elements relating to treatment: in accordance with Article 28 of the General Data Protection Regulation (GDPR), processing officials may only designate subcontractors who can provide “sufficient guarantees” to meet the requirements of the RGPD.
Subcontractors may act only according to the documented instructions of the person in charge of the processing and may be directly liable for non-compliance with the obligations of the RGPD or the instructions given by the person in charge of the processing and may be punished with fines or other sanctions and be required to pay compensation to the persons concerned. There must be a European or British law that says or implies that this type of transfer is authorized for important public interest reasons, which may be in a spirit of reciprocity for international cooperation. For example, an international agreement or agreement (signed by the UK or THE EU) that recognises certain objectives and provides for international cooperation (such as the 2005 International Convention on combating acts of nuclear terrorism). Tap “Send” at the end of the questionnaire to create a draft contract containing all the clauses you need to include, all the optional clauses you have selected, and all the other information you have provided for the data transfer. They may make a limited transfer by a legal instrument between two authorities or two entities, provided that the legal instrument provides “appropriate guarantees” to the rights of persons whose personal data is transmitted and that they are legally binding and enforceable. “Appropriate safeguards” include enforceable rights and effective remedies for individuals whose personal data is transmitted.