How Can the SCCs Be Incorporated into a Main Agreement?

ANSWER

To ensure the lawful use of the SCCs and maintain transparency, the SCCs must be legally binding on all parties to the agreement in accordance with the civil law requirements of the relevant jurisdiction.

In addition, the SCCs must be adapted to the specific circumstances of the case (e.g., the particular data transfers involved) by:

• completing the annexes;
• identifying which modules have been selected;
• specifying the options chosen where alternatives are provided; and
• completing any additional information indicated in square brackets.

These details must be clearly identified for the benefit of:

• the parties to the agreement;
• the data subjects concerned;
• the competent supervisory authorities; and
• the courts.