Data & GDPR Verified

Standard Contractual Clauses

aka SCCs, EU SCCs

Pre-approved contractual templates issued by the European Commission for transferring personal data outside the EEA. The default fallback when no adequacy decision applies.

Last reviewed April 2026

Definition

Standard Contractual Clauses (SCCs) are template contractual terms approved by the European Commission that, when incorporated into a contract between a data exporter in the EEA and a data importer outside the EEA, provide a valid transfer mechanism under Article 46 of the GDPR. The current SCCs were adopted in June 2021 (Decision 2021/914) and replaced the older 2010 controller-to-processor and 2001/2004 controller-to-controller clauses. They cover four modules: controller to controller, controller to processor, processor to processor, and processor to controller. The 2021 SCCs cannot be modified except to add the parties' identities, the technical and organisational measures, and the local-law assessment outcomes; using older 2010-era SCCs has been invalid since 27 December 2022. After Schrems II, SCCs alone are not sufficient for a transfer to a third country whose surveillance law is judged by the CJEU to fall short of EU standards (notably the US prior to the 2023 DPF). A Data Transfer Impact Assessment (DTIA) is required to confirm whether supplementary measures are needed.

Why it matters for software choice

Software contracts that still reference 2010-era SCCs are technically using an invalid transfer mechanism. Verify the data processing agreement points to the 2021 SCCs (Decision 2021/914) and that the correct module is selected for the controller/processor relationship.

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