On 24 May 2023, the Association of Southeast Asian Nations (ASEAN) and the European Commission issued a Joint Guide to the ASEAN Model Contractual (MCCs) and EU Standard Contractual Clauses (SCCs) (Joint Guide).
The Joint Guide is intended to help companies that operate in ASEAN and the EU comply with requirements for cross-border transfers of personal data.
Both ASEAN and the EU have developed model contractual clauses as a tool that can be used by companies to enable cross-border data flows:
The Joint Guide comprises two parts. The first part (Reference Guide), which has been published, sets out a detailed comparison and relevant commentary on the similarities and differences between the ASEAN MCCs and EU SCCs, under three sections:
The second part to the Joint Guide (Implementation Guide) has yet to be published and is intended to set out best practices for companies to meet the requirements of both sets of contractual clauses.
Companies with operations involving cross-border transfers of personal data in the ASEAN and EU regions can refer to the Joint Guide to facilitate their compliance with both regions’ data protection laws. That said, whilst the Joint Guide may serve as an aid to compliance, companies should still undertake appropriate reviews of their contractual terms and data processing activities to ensure compliance with relevant laws.
The Implementation Guide has yet to be published. When published, it is expected to complement the Reference Guide by setting out best practices for companies undertaking EU-ASEAN cross-border data transfers, and may serve as an additional aid for companies to comply with relevant laws.
*Information is accurate up to 27 November 2023