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Image header Agence Europe
Europe Daily Bulletin No. 10072
Contents Publication in full By article 12 / 37
GENERAL NEWS / (eu) eu/jha

Safer standards for data transfer to third countries

Brussels, 05/02/2010 (Agence Europe) - On Friday 5 February, the Commission adopted a decision aimed at updating standard contractual clauses for the transfer of personal data to processors established in non-EU countries. “This updated version of the standard contractual clauses takes account of new business models and the growing trends of global processing and outsourcing. The updated standard contractual clauses ensure a balance between global business needs and protection of EU citizens' personal data”, said Jacques Barrot, European Commissioner for Justice, Freedom and Security. The clauses in question aim to clarify the procedure for European companies and organisations that want or must transfer personal data for processing in third countries. Pursuant to the clauses set out in a 2002 decision, a company that exports data to non-EU countries should call on its subcontractor to process them in full compliance with EU data protection requirements. The new clauses stipulate that any subcontractor established outside the EU, and who intends to outsource its processing operations to another company, must obtain written approval from the exporting company. The obligations of the other subcontractors will be the same as those imposed on the main subcontractor. These contractual clauses are not necessary for transfer of personal data within the European Economic Area, towards the countries for which the Commission recognises data protection rules provide adequate protection, and for US companies that sign up to the US “Safe Harbor” principles. (B.C./transl.jl)

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