European Union. Data localisation / cross-border. Commission Decision (standard contractual clauses)

EU SCCs 2002 (C2P)Commission Decision 2002/16/EC on standard contractual clauses for the transfer of personal data to processors established in third countries

Repealed/superseded

§1Summary

Synopsis

Decision 2002/16/EC recognised standard contractual clauses as giving adequate safeguards under Article 26(2) of Directive 95/46/EC for transfers of personal data from an EU controller to a processor in a third country. Decision 2010/87/EU repealed it with effect from 15 May 2010. Contracts concluded under it before that date remained in force and effect for as long as the transfers and processing stayed unchanged.

Key themes
  • standard contractual clauses
  • controller-to-processor transfers
  • transfers to third countries
Unique features

The first EU model clauses for processors outside the EU.

SaaS relevance

Historical only; replaced by Decision 2010/87/EU, itself replaced in 2021.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
Contractual safeguard for transfers to processors outside the EU
Maximum penalty
None

§3Dates

Key dates
  • Adopted
  • In force
  • Ended
  • Adopted 27 December 2001; applied from 3 April 2002; repealed with effect from 15 May 2010 by Decision 2010/87/EU; contracts made before that date stayed valid while the processing remained unchanged

§4Text and authority

Text
Authority
European Commission; national data protection authorities

§5Where it applies

Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

Application date from Article 6 of the Decision; repeal from Article 7(1) of Decision 2010/87/EU.