stan­dard con­trac­tu­al claus­es (SCCs)

The European Commission’s standard contractual clauses (SCCs) provide a structured, adaptable and legally secure basis for putting the new requirements into practice efficiently, while allowing scope for individual and sector-specific adjustments. The SCCs aim to support customers and providers of data processing services in implementing their rights and obligations under the Data Act in contracts. They apply to all cloud models (IaaS, PaaS and SaaS) and provide model clauses that providers can include in their individual contracts. Use of the SCCs is voluntary.

Structure of the SSCs:

• The SCCs consist of modular clauses that can be used as a complete set or separately.
• They are not intended as a full contract but as a supplement to a comprehensive contract for data processing services. Other aspects outside the scope of the Data Act need to be set out in additional clauses.
• An integral part with definitions based on the Data Act aims to ensure uniform interpretation.
• For ease of reference, the SCCs include cross-references that link certain clauses to relevant provisions in the Data Act or to other clauses.

Flexibility:

• Although not necessary, the European Commission recommends using the entire set of modular clauses.
• It is possible to use only some of the clauses or make changes to them, but this requires a careful, legal assessment to ensure that there are no gaps or contradictions.