Do standard contractual clauses modified by the data controller allow for data transfer to a third country without the need to obtain GIODO’s consent?
As a rule, in case of modification contractual clauses do not have a status of standard contractual clauses established by Commission Decision under Directive 95/46/EC, and thus it will not be required to obtain previous GIODO’s consent to personal data transfer to third countries, which do not ensure adequate level of personal data protection. Nevertheless, minor changes not related to the scope of rights and obligations of parties to the contract are admissible, which do not influence the safeguards of the protection of the data subjects’ rights and obligations.


