The new EU model clauses: One step forward, two steps back?

Abstract

While they do show some improvements over the existing clauses from 2001, the new clauses for transfers to data processors approved by the European Commission in early 2010 evidence an insufficient understanding of the business and technological realities of data transfers in a globalized and networked world. The administrative burdens and inflexible structures they impose make them ill-suited to protect personal data in a way that companies can actually comply with in practice.