Asters lawyers have contributed to drafting the Contractual Clauses for the Cross-border Transfer of Personal Data (the "Clauses").
The Clauses have been developed by the Data Protection Workgroup created within the leading business association – American Chamber of Commerce (the "ACC") and with the assistance of the Ukrainian Personal Data Protection Authority.
The Clauses grant protection to personal data that is transferred from Ukraine to countries which have not acceded to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981 (the "Convention").
Upon approval by the authority, the Clauses may serve a model instrument for Ukrainian personal data controllers that are obliged to enter into data transfer agreements with foreign counterparties. By signing the model Clauses a foreign company which imports personal data undertakes to ensure the adequate level of data protection required under Ukrainian data protection law.
Asters lawyers are also elaborating on drafting the two additional clauses on cross-border personal data transfer to the European Union countries and those countries which are parties to the Convention.
The above mentioned clauses may be used by data controllers either under the umbrella of the ACC's Corporate Code of Conduct or independently.