29-12-2021

State Data Protection Inspectorate has approved the standard contractual clauses

The State Data Protection Inspectorate of the Republic of Lithuania has approved the standard contractual clauses of personal data processing agreements (hereinafter referred to as the “Standard Contractual Clauses”) drawn up in implementation of the requirements of Article 28(8), Article 57(1)(j) and Article 58(3)(g) of the General Data Protection Regulation (hereinafter referred to as the “GDPR”).

The afore-mentioned clauses are aimed at helping the data controllers and data processors to assess what requirements are applicable to personal data processing agreements concluded between them in accordance with Article 28(3) of the GDPR emphasising the importance of exercise of the rights of the data subjects, mitigation of personal data protection risks, relationship between the data controller and the data processor and clarity of the respective rights and duties.

The draft Standard Contractual Clauses was presented for public consultations. Remarks and proposals upon consideration of which the draft Standard Contractual Clauses was updated and, in accordance with the consistency mechanism set forth in the GDPR, was presented to the European Data Protection Board for coordination were received from the representatives of the public and private sectors during the consultations.

The Standard Contractual Clauses may be used:
1.    for completion of the form established by the State Data Protection Inspectorate; or
2.    inclusion of the Standard Contractual Clauses into broader agreements, for example, contract for provision of services, ensuring that other provisions of the agreements were not in conflict with the approved Standard Contractual Clauses and/or the GDPR.

Important: the content of the Standard Contractual Clauses cannot be changed but the data controllers are entitled to establish additional protective measures and other provisions relevant in the context of the personal data processing operation which shall be carried out by the data processor.

Please familiarise with:
Standard Contractual Clauses (Lithuanian)>>
Standard Contractual Clauses (English)>>