Redline Version on New EU Standard Contractual Clauses for the Transfer of Personal Data on behalf of Hunton and Williams

Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data( [1)], and in particular Article 26(4) thereof,

Whereas:

1. Pursuant to Directive 95/46/EC Member States are required to provide that a transfer of personal data to a third country may only take place if the third country in question ensures an adequate level of data protection and the Member States’’ laws, which comply with the other provisions of the Directive, are respected prior to the transfer.
2. However, Article 26(2) of Directive 95/46/EC provides that Member States may authorise, subject to certain safeguards, a transfer or a set of transfers of personal data to third countries which do not ensure an adequate level of protection. Such safeguards may in particular result from appropriate contractual clauses.