Not-So-Standard Clauses – An Examination of Three Regional Contractual Frameworks for International Data Transfers Report
Read the Future of Privacy Forum’s report comparing three regional model contractual frameworks for cross-border data transfers. It compares the EU’s Standard Contractual Clauses (SCCs), the ASEAN Model Contractual Clauses (MCCs), and the Iberoamerican Network’s Model Transfer Agreement (MTA). The three frameworks cover a total of 62 jurisdictions on three continents – this report seeks to identify overlaps and key differences among the three, while also reflecting on the question of their potential interoperability. Notably, this report does not evaluate contractual frameworks created by individual countries (such as the recently released Chinese Standard Contract Provisions) or frameworks that are still in the development process, like the recently-amended draft Convention 108+ Model Contractual Clauses for the Transfer of Personal Data still being developed by the Council of Europe.
Included in this report are annexes comparing and contrasting the summarized clauses of the 3 regional frameworks, organized under 4 key themes: core provisions, exporter rights/obligations, importer rights/obligations, and individual/third-party rights guarantees.