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Data transfer clauses


The CBI has worked with the ICC, AmCham, EICTA, Fedma, JBCE and ICRT to produce model clauses for use by member companies regarding the transfer of data outside the EEA. These clauses are based upon the requirements of the 1995 Data Protection Directive and were approved by the European Commission on 27 December 2004 as an alternative to their 2001 clauses. As some member states require companies to seek approval for exporting personal data, the Commission's approval of these clauses should reduce the red tape involved. However, members should still take legal advice as to the precise requirements of the directive applicable to their own circumstances.

Download the PDF document on Standard Contractual Clauses for the Transfer of Personal Data to Processors Established in Third Countries Under Directive 95/46/EC, 556kb

The CBI had also produced its own clauses and guidelines in 2000 and these are also available for use. To access these documents in pdf format, click on the links below.

Download the PDF document on Data Protection: CBI Model Clauses for Use When Transferring Personal Data to Non-EEA Countries Based on Articles 25 and 26 of Directive 95/46/EC, 283kb

Download the PDF document on the CBI paper on Articles 25 and 26 of Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data: Contractual Clauses and Group Policies, 223kb

We have also worked with the London Investment Banking Association to produce a model group policy for transfers of personal data within groups of companies.

Download the PDF document on the Framework for a Group Policy for Protecting Personal Information Transferred Outside The EEA [Revised Draft], 220kb


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