The updated Joint Guide to ASEAN Model Contractual Clauses and EU Standard Contractual Clauses (“Joint Guide“) was unveiled at the 4th ASEAN Digital Ministers’ Meeting on 2 February 2024. The updated Joint Guide is intended to aid companies operating across the Association of Southeast Asian Nations (“ASEAN“) and the European Union (“EU“) regions in understanding the similarities and differences between the respective contractual clauses, and to facilitate compliance with applicable data protection requirements.
The updated Joint Guide consists of a Reference Guide and an Implementation Guide. The Reference Guide was initially published in May 2023, providing a comparison between the ASEAN Model Contractual Clauses and the EU Standard Clauses. The update now introduces an Implementation Guide which provides examples of best practices to implement the necessary safeguards set out in both sets of contractual clauses.
The Implementation Guide covers the following areas:
(a) Obligations for controller-to-controller transfers, including purpose and storage limitation, data accuracy and minimisation, security and confidentiality, onward transfers, rights of individuals, and government access to data; and
(b) Obligations for controller-to-processor transfers, including purpose and storage limitation, data accuracy, security and confidentiality, sub-processing, rights of individuals, and government access to data.
Click on the following links for more information:
- Personal Data Protection Commission (“PDPC“) Announcement titled “Two Guides Unveiled at ASEAN Digital Ministers’ Meeting (ADGMIN) 2024” (available on the PDPC website at www.pdpc .gov.sg)
- Joint Guide to ASEAN Model Contractual Clauses and EU Standard Contractual Clauses (available on the ASEAN website at asean.org)
