First time poster, in with a bullet...
Welcome Sean!
Sent from my iPhone
> On 30 Apr 2020, at 16:51, Sean Huggett <[log in to unmask]> wrote:
>
> Hi all
> New poster here - longer time reader...
>
> I've seen this issue arise quite often in the last year or so - the various approaches I've seen (some of which Jon has mentioned) are:
>
> - the processor entering into C-to-P clauses with the sub-processor - which isn’t desirable for multiple reasons and may affect insurance coverage etc
> - asking the controller to sign the SCCs directly with the sub-p (not always commercial desirable)
> - asking the controller to enter into a power of attorney with the processor for the sole purpose of signing the SCCs with the sub-p
> - asking the controller to appoint the processor as its agent for the purpose of signing the SCCs with the sub-p (same approach as above, different instrument)
> - naming the controller as a direct beneficiary (with the right to enforce SCC terms) in the SCCs between the processor and sub-processor (using C-to-P clauses) - which is 'creative' but less than ideal again
>
> I've tended to take the PoA/agency option where possible.
>
> None are great, sadly.
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Jon Baines
> Sent: 30 April 2020 16:12
> To: [log in to unmask]
> Subject: Re: [data-protection] Processor using sub-processors outside EEA
>
> It's madness that this is still an issue, but it is. A29WP produced draft model P2sP clauses in 2014, but nothing has emerged. Controllers are left with various unattractive options, like entering into direct SCCs with each sub-processor, or "encouraging" a situation where their primary processor looks like a controller.
>
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