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

Repealed/superseded

§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 Decision (EU) 2021/914 repealed it with effect from 27 September 2021.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
  • standard contractual clauses
  • controller-to-processor transfers
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  • Adopted 5 February 2010; applied from 15 May 2010; repealed with effect from 27 September 2021 by Decision (EU) 2021/914; contracts signed before that date remained valid until 27 December 2022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
Authority
European Commission; national data protection authorities

§5Where it applies

Also applies in

§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.