European Union. Data localisation / cross-border. Commission Decision (standard contractual clauses)
EU SCCs 2010 (C2P)Commission Decision 2010/87/EU on standard contractual clauses for the transfer of personal data to processors established in third countries
§1Summary
- Synopsis
Decision 2010/87/EU set standard contractual clauses for transfers from an EU controller to a processor in a third country under Directive 95/46/EC, replacing Decision 2002/16/EC from 15 May 2010. Decision (EU) 2021/914 repealed it with effect from 27 September 2021. Contracts concluded before that date were deemed to give appropriate safeguards until 27 December 2022, if the processing stayed unchanged.
- Key themes
- Unique features
Replaced the 2002 processor clauses from 15 May 2010.
- SaaS relevance
Historical only; replaced by the 2021 standard contractual clauses (Decision (EU) 2021/914).
§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- Adopted 5 February 2010; applied from 15 May 2010; repealed with effect from 27 September 2021 by Decision (EU) 2021/914; contracts signed before that date remained valid until 27 December 2022
§4Text and authority
- Text
- Authoritative text eur-lex.europa.eu
- English text eur-lex.europa.eu
- Authority
- European Commission; national data protection authorities
§5Where it applies
§6Sources and verification
- Sources consulted
- Verification
High confidence.
Dates from Article 6 of the Decision and Article 4 of Decision 2021/914. The clause annex was not read.