Ireland: EU GDPR 2021 SCCs Module 3 (processor to processor) precedent with drafting guidance on Irish governing law, transfer impact assessments/Schrems II, sub-processor authorisation options and execution notes

Published by a Lexis+ Ireland - Commercial expert

Precedents

This Precedent provides a template for ‘module three’ of the EU Standard Contractual Clauses (the Model Clauses or SCCs) adopted under Commission Implementing Decision (EU) 2021/914 (the 2021 EU SCCs). It addresses transfers of personal data by a data processor that falls within the EU’s General Data Protection Regulation (EU) 2016/679 (EU GDPR) and whose sole or principal establishment for EU GDPR purposes is in Ireland, to a processor located outside the EEA that is not subject to the EU GDPR. The SCCs may equally be relied upon where the exporting processor is not incorporated in any EU Member State but is caught by the EU GDPR’s extra-territorial reach and must therefore use the SCCs for movements of in-scope personal data. As the SCCs must be governed by, and fall under the jurisdiction of, an EU Member State, Ireland can be a compelling choice: it provides English-language laws and courts and has the DPC as its data protection authority, well-versed in engaging with international organisations handling personal data covered by the EU GDPR. This framework applies to processor-to-processor exports, supporting compliant cross-border transfers where the importer remains entirely outside the EU GDPR scope. As explained in Practice Note: EU GDPR—transfers...

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Web page updated on 22/05/2026

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