What is true for a contract based on European Commission Standard Contractual Clauses with a processor outside the European Economic Area?

A contract that utilizes the European Commission Standard Contractual Clauses (SCCs) when a data processor is located outside the European Economic Area (EEA) must include specific provisions regarding subcontracting. The correct understanding is that if the processor intends to engage another entity to handle the data (i.e., subcontract), it is required to inform the data controller about this plan. Moreover, the processor must obtain written approval from the controller before proceeding with the subcontracting. This requirement is in place to ensure that the controller maintains oversight and control over the processing activities that involve their data.

The other options do not accurately align with the stipulations of the SCCs. For example, while there are obligations for the processor to implement appropriate technical and organizational measures, the requirement for proof of compliance before processing does not specifically mandate a formal provision prior to the start of processing. Consent from the data subject is not universally required for the use of a processor under these clauses unless the contract specifically states so, and similarly, providing a compliance statement from a data protection authority is not mandated by the SCCs.