Ireland: EU GDPR 2021 SCCs Module 2 (Controller-to-Processor) – Precedent and drafting guidance on transfer impact assessments/Schrems II, sub-processors, execution formalities and Irish third-party enforcement

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Precedents

This Precedent

This Precedent provides a template for ‘module two’ of the EU Standard Contractual Clauses (also called the Model Clauses or SCCs) adopted under Commission Implementing Decision (EU) 2021/914 (the 2021 EU SCCs). It addresses the transfer of personal data by a data controller subject to the EU General Data Protection Regulation (EU) 2016/679 (EU GDPR), whose sole or principal EU establishment (for EU GDPR purposes) is in Ireland, to a data processor outside the EEA that is not subject to the EU GDPR. These SCCs may likewise be used where the exporting controller is not established in an EU Member State but falls within the EU GDPR’s extra-territorial scope and is therefore required to use SCCs for relevant personal data exports. As the SCCs must be governed by, and subject to the jurisdiction of, an EU Member State, Ireland can be a compelling choice: it offers laws and courts operating in English, and a data protection regulator, the DPC, experienced in working with international organisations processing personal data protected by the EU GDPR. As explained in Practice Note: EU GDPR—transfers...

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Web page updated on 22/05/2026

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