On July 19, 2010, the Article 29 Working Party published a new set of frequently asked questions aimed at addressing some of the issues raised by the European Commission’s new Standard Contractual Clauses for the Transfer of Personal Data to Processors Established in Third Countries (2010/87/EU).  Among other things, the FAQs address the scope of the new model clauses and whether they can be used for intra-EEA data transfers.  The FAQs also clarify certain issues related to sub-processing.

The new controller to processor standard contractual clauses that were adopted on February 5, 2010, repeal the previous set of clauses (2002/16/EC) and regulate the transfers of data from EEA-based controllers to processors located in countries which do not provide an adequate level of protection under EU Data Protection Directive 95/46/EC.