European Commission Publishes Draft ‘Article 28’ Standard Contractual Clauses
In addition to issuing new (draft) standard contractual clauses for transferring personal data outside of the EEA, on November 12, the European Commission published a draft decision on standard contractual clauses between controllers and processors for the matters referred to in Article 28 of GDPR.
Use of the Clauses is not compulsory, and controllers and processors may still choose to negotiate individual contracts to satisfy the requirements of Article 28 GDPR and allow a certain degree of flexibility.
The Clauses are currently open for public consultation until 10 December 2020.