The European Commission appears to have issued a draft implementing Decision to amend the 2001 controller-to-controller and 2010 controller-to-processor model clauses. The Commission has had to do this in light of the 2015 European Court ruling in the Schrems case. The draft Decision only amends the original Commission Decisions and simply require the Member State data protection authorities to inform the European Commission when the authorities have suspended or banned data transfers to third countries. The actual model clauses themselves remain unchanged. The next step will presumably be to have the draft agreed.
Jonathan Armstrong and André Bywater are lawyers with Cordery in London where their focus is on compliance issues.
Jonathan Armstrong, Cordery, Lexis House, 30 Farringdon Street, London, EC4A 4HH
Office: +44 (0)207 075 1784
André Bywater, Cordery, Lexis House, 30 Farringdon Street, London, EC4A 4HH
Office: +44 (0)207 075 1785