The Article 29 Working Party document, cagily entitled Draft ad hoc contractual clauses “EU data processor to non-EU sub-processor”, was adopted on 21 March.
The introduction of the working document, which reeks of Snowden but never mentions the issues arising from recent revelations re surveillance, states that the Article 29 Working Party thinks it is now ‘appropriate to work on a new set of contractual clauses dedicated to the international transfers of personal data from an EU data processor to a non-EU data sub-processor’. The document emphasises that it is a draft and that it is a work in progress without the benefit of adoption by the European Commission. It describes its aim as:
to provide advice to the Commission should the Commission in the future consider the possibility of amendments or supplementations to the existing model clauses adopted by the Commission pursuant to Article 26 of Directive 95/46/EC. It also aims to contribute to the uniform application of national measures authorising transfers of personal data.
The full document is here.
