The European Commission has issued new Standard Contractual Clauses designed to facilitate international transfers of personal data in compliance with the GDPR. The new provisions.
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In early June 2021, the European Commission adopted a new set of Standard Contractual Clauses for organizations to use to ensure compliance with the EU General Data Protection Regulation (GDPR) requirements for transfers of personal data from the European Economic Area (EEA).
Background
Under the GDPR, transfers of personal data from the EEA are not permitted unless certain safeguards are met to ensure that a similar level of protection is afforded to data subjects as that granted under EU law. Among the most commonly used safeguards are Standard Contractual Clauses (SCCs) approved by the European Commission, which organizations can incorporate into their contractual arrangements. The SCCs were developed under the previous EU Data Protection Directive of 1995 and had not been updated to reflect changes introduced by the GDPR. Moreover, the SCCs applied in a limited number of circumstances and did not cover many common da
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Keypoint: Companies using the previous standard contractual clauses will have eighteen months to transition to the new documents.
Today, the European Commission announced that it has adopted “two sets of standard contractual clauses, one for use between controllers and processors and one for the transfer of personal data to third countries.” The new SCCs take into account new requirements under the General Data Protection Regulation as well as the Court of Justice’s
Schrems II opinion.
The Commission previously issued drafts of these documents. The Commission stated that the final documents take into account comments made by various stakeholders, including the joint opinion of the European Data Protection Board and European Data Protection Supervisor.
Following the coming into effect of the GDPR three years ago and in light of last year’s Schrems II decision, the European Commission has adopted a new set of Standard Contractual.