BCLP Global Data Privacy FAQs: How Do The New Article 28 Clauses Fit With The New SCCs? Are Both Needed For A Non-EU Processor?

In short, no.  It is not necessary to use both the new SCCs and the new Article 28 clauses at the same time.

What are the European Commission approved Article 28 clauses?

Whilst the European Commission's new standard contractual clauses ("SCCs") for transfers to third countries (the "new SCCs") received most of the fanfare when published on 4 June 2021, that date also saw the publication of a set of model processing clauses for use between controllers and processors (the "Article 28 SCCs").

The Article 28 SCCs provide standard terms covering the content which must be included within data processing agreements between controllers and processors, pursuant to Article 28 of the General Data Protection Regulation (2016/679) (the "EU GDPR"). They provide a ready-made, EU GDPR compliant, off the shelf solution for parties wishing to enter into data processing agreements who, for example, don't have a pre-existing approach to such contracts and their use is