Document A (Original)
Standard Contractual Clauses 2010/87
Decision 2010/87/EU • Feb 2010
Document B (Nouveau)
Standard Contractual Clauses 2021/914
Decision 2021/914 • June 2021
147
Ajouts
89
Suppressions
56
Modifications
4
Nouveaux modules
Changements majeurs
Légende
Vue comparée
MODULE ONE: Transfer controller to controller
MODULE TWO: Transfer controller to processor
MODULE THREE: Transfer processor to processor
MODULE FOUR: Transfer processor to controller
Each module contains specific clauses tailored to the
respective transfer scenario, allowing parties to select only the relevant
provisions for their particular data transfer arrangement.
2010/87
The data importer agrees and warrants to process the personal data only on behalf of the data exporter and in compliance with its instructions.
2021/914
The data importer shall process the personal data only on documented instructions from the data exporter. The data importer shall immediately inform the data exporter if it is unable to follow those instructions, and if it becomes aware that the applicable laws in the third country of destination prevent it from fulfilling its obligations under these Clauses.
Clause 7 - Docking clause
(a) An entity that is not a Party to these Clauses may, with the agreement of the
Parties, accede to these Clauses at any time, either as a data exporter or as a data
importer, by completing the Appendix and signing Annex I.A.
(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall
become a Party to these Clauses and have the rights and obligations of a data exporter
or data importer in accordance with its designation in Annex I.A.
Where the data importer is subject to the EU-US Privacy Shield Framework, transfers may alternatively be made in reliance on the data importer's certification under the Privacy Shield, subject to the conditions laid down therein.
Supprimé suite à l'invalidation du Privacy Shield par l'arrêt Schrems II
Clause 14 - Local laws and practices affecting compliance with the
Clauses
The Parties warrant that they have no reason to believe that the laws and practices in
the third country of destination applicable to the processing of the personal data by
the data importer, including any requirements to disclose personal data or measures
authorising access by public authorities, prevent the
data importer from fulfilling its obligations under these Clauses. This is based on
the understanding that:
(i) laws and practices that respect the essence of fundamental rights and freedoms...
[nouvelle exigence ajoutée]
(ii) the assessment by the data exporter... [procédure détaillée ajoutée]