If standard clauses are amended, the risk of an assessment of adequate protection by the data controller is assumed. In the vast majority of countries, if allowed, such „design“ solutions usually trigger the need for individual approval by the competent data protection authority, which takes months into consideration. Standard contractual clauses for data transfers between EU and third countries. 1. The data importer shall not subcontract any of its processing operations carried out on behalf of the data exporter in accordance with the clauses without the prior written consent of the data exporter. If the data importer subcontracts its obligations under the Clauses with the consent of the data exporter, it may only do so by means of a written agreement with the sub-processor that imposes on the sub-processor the same obligations imposed on the data importer under the Clauses. If the Sub-Processor fails to comply with its data protection obligations under such a written agreement, the Data Importer will remain fully liable to the Data Exporter for the performance of the Sub-Processor`s obligations under this Agreement. Compliance is a contractual obligation. The Microsoft Standard Contractual Clauses are available to all cloud customers in the Online Terms of Service. For more information about other services, see your existing agreement with Microsoft. a parent company that receives personal data from affiliated companies for independent parenting decisions and functions), a standard clause form for the data controller must be used. It can be the original form (2001) or a later form (2004).
The 2004 version is recommended because it is more business-friendly. It is strongly recommended that, when using model clauses, data flows be carefully considered before the conclusion of attachments to a model clause agreement. You need to make sure that the appropriate details are inserted. Don`t forget the submissions. .