On 4 June 2021, nearly six months after closing its consultation on updated draft standard contractual clauses for transfers of personal data to third countries (SCCs), the European Commission (EC) adopted final versions. The updates aim to bring the SCCs into line with the GDPR and the judgment of the Court of Justice of the European Union (CJEU) in the Schrems II case.
The new SCCs look very different in a number of ways from the previous versions. Some of the key changes that the EC has made include:
The SCCs will now be published in the Official Journal of the EU and will be in force 20 days after that publication. From that date, organisations subject to the EU GDPR that carry out international personal data transfers in reliance on SCCs will have 18 months to transition to the new SCCs.
For organisations carrying out data transfers subject to the UK GDPR, the ICO intends to issue draft new UK SCCs for consultation this summer.
Data mapping and identifying contracts that will require remediation will be crucial to put organisations in the best possible position to kick-start their repapering exercises. We are working with a number of clients in the early stages of their contract remediation projects and have configured our LegalTech tools to use AI to extract relevant information from supplier contracts and enable swift and cost-effective identification of relevant contracts for remediation. Please do contact the team if you would like to discuss how we can assist.
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at June 2021. Specific advice should be sought for specific cases. For more information see our terms & conditions.
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