EU Opinions on new Standard Contractual Clauses: processors, controllers and transfers of data to third countries

The European Commission has received opinions from the European Data Protection Board (EDPB) and the EU’s independent supervisory authority, the European Data Protection Supervisor (EDPS) on new model Standard Contractual Clauses that it had announced on 13 November 2020, that govern (i) the relationship between data controllers and processors; and (ii) the transfer of data to third countries. This means the European Commission may now adopt final clauses (post-comitology procedure and after the results of the public consultation that closed on 21 December 2020 have been taken into account).

The EDPB (established under Article 68 GDPR) acts independently and is made up of the EDPS and representatives of the national data protectio