European Union: Published Council of Europe Model Contractual Clauses for the Transfer of Personal Data from Controller to Processor under Convention 108

On 7 September 2023, the Council of Europe published the Model Contractual Clauses for the Transfer of Personal Data from Controller to Processor under the Amending Protocol to the Convention for the Protection of Individuals with regard to the Processing of Personal Data (Convention 108). The clauses aim to ensure that the transfer of personal data to an entity established in a jurisdiction that is non-party of Convention 108, as modified by Protocol CETS No. 223 (the Convention) complies with the required standards. The clauses establish necessary safeguards, which include obligations for data exporters and processors, the enforcement of data subject rights, and effective legal remedies, as outlined in Articles 14(2) and 14(3)(b) of the Convention.