On April 9, 2020, the German Supervisory Authority of Baden-Wuerttemberg published standard contractual clauses for data processors pursuant to Article 28(8) GDPR.  It is the first German Supervisory Authority to do so, and the second in EU after the Danish Supervisory Authority published its own standard clauses in July 2019.  However, while the Danish clauses passed the GDPR consistency mechanism before the European Data Protection Board (“EDPB”), the German clauses have yet to be reviewed by the EDPB.

Both the Danish and the German clauses set out a high level of protection by imposing a wide range of obligations on processors.  However, in contrast to the Danish clauses, the German clauses impose obligations that are more explicit than (and, to some extent, go beyond) what is stated in Article 28 of the GDPR.  Amongst other obligations, the German clauses require the processor to:

  • provide proof, at the controller’s request, that the processor’s personnel are committed to process personal data in accordance with the GDPR;
  • provide, at the controller’s request, a “comprehensive and up-to-date” data protection and security concept for the data processing;
  • obtain the controller’s consent before authorizing its personnel to telework;
  • report not only data breaches to the controller, but also “disturbances” and “suspected data breaches”; and
  • have in place a record of processing operations.

Although processors may already be required to fulfill some of these obligations under the GDPR, their inclusion in these clauses may now result in contractual liability as well.

On April 2, 2020, the Swedish Supervisory Authority indicated that the Danish processing clauses can also be used in Sweden.

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Photo of Kristof Van Quathem Kristof Van Quathem

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty…

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty years and developed particular experience in the life science and information technology sectors. He counsels clients on government affairs strategies concerning EU lawmaking and their compliance with applicable regulatory frameworks, and has represented clients in non-contentious and contentious matters before data protection authorities, national courts and the Court of the Justice of the EU.

Kristof is admitted to practice in Belgium.

Photo of Anna Sophia Oberschelp de Meneses Anna Sophia Oberschelp de Meneses

I advise companies across the EU on technology laws, with a focus on data protection, cybersecurity, and current consumer protection laws. I help businesses navigate complex regulations like the GDPR, AI Act, Digital Services Act, Unfair Commercial Practices Directive, and the upcoming Digital…

I advise companies across the EU on technology laws, with a focus on data protection, cybersecurity, and current consumer protection laws. I help businesses navigate complex regulations like the GDPR, AI Act, Digital Services Act, Unfair Commercial Practices Directive, and the upcoming Digital Fairness Act, turning legal requirements into practical, business-friendly solutions.

In data protection, I support tailored GDPR compliance, international data transfers, and privacy-conscious marketing. On cybersecurity, I guide clients through risk assessments, incident response, and evolving laws such as NIS2 and the Cyber Resilience Act. Regarding consumer protection, I advise on existing laws to help businesses revise their terms and conditions for compliance and review online interfaces to ensure all mandatory consumer information is clearly provided, tackling issues like dark patterns and unfair contract clauses.

Fluent in multiple languages and experienced across borders, I’m passionate about helping clients embed compliance into their operations and thrive in the fast-changing digital landscape.