In addition to the European Commission, who can adopt standard contractual clauses, assuming that all required conditions are met?
In addition to the European Commission, who can adopt standard contractual clauses, assuming that all required conditions are met?
National data protection authorities have the authority to adopt standard contractual clauses. These clauses are templates used to ensure data protection measures when transferring personal data outside the European Economic Area. The authority of national data protection bodies to adopt such clauses is in line with GDPR regulations.
Approved data controllers and the European Data Protection Supervisor do not have the authority to adopt standard contractual clauses. While the Council of the European Union can adopt legal instruments, such as regulations, it does not have the power to adopt standard contractual clauses.
C. Art 28(8) GDPR: "a SA may adopt standard contractual clauses.."
It should be C, since no data controller has the authority to adopt "standard" contractual clauses but use it as a template to further enhance its agreements while using it.
Best choice - C
The controller and processor may choose to use an individual contract or standard contractual clauses which are adopted either directly by the Commission or by a supervisory authority in accordance with the consistency mechanism and then adopted by the Commission.