Proposed standard contractual clauses for the transfer of personal data from the EU to Third Countries
17 September 2001

Statement

Commissioner Frits Bolkestein September 17, 2001
DG Internal Market
European Commission
Rue de la Loi 200
B-1049 Brussels

Dear Commissioner Bolkestein,

As a broad cross section of business interests both in the EU and around the globe we, the undersigned organizations, are writing to submit the attached set of clauses for adoption as standard contractual clauses for controller-to-controller transfers of personal data under the European Data Protection Directive. We understand that other business organisations will be sending you letters shortly supporting these Clauses.

We are submitting these clauses following earlier discussions with your officials and the approval of the Commission's standard clauses on June 18 this year. We understand that this submission will not affect the authorization of other standard contractual clauses, nor is it prejudged by those that have gone before.

In developing these standard contractual clauses we have sought to do the following:

• Meet the requirements of the EU Data Protection Directive;
• Draw on the standard contractual clauses that have recently been endorsed at EU level;
• Draw on provisions that have been previously authorized by national data protection commissioners;
• win the support of businesses in non-EEA countries who as Importers will be one of the counterparties to the standard clauses;
• find workable solutions to the concerns of the Article 29 Committee that businesses, both small and large, can implement; and
• build on the existing models developed and supported by ICC and the CBI since the Directive came into force.

The result, we believe, is a set of provisions that offers adequacy, complements clauses that have already been agreed or authorized, and offers a viable model acceptable to the EEA's trading partners to ensure the protection of personal data transferred around the globe.

We look forward to your early consideration of these contractual provisions, and would welcome the opportunity to discuss them further.

Yours sincerely,