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New Standard Contractual Clause Use in the EU

Friday, July 2, 2021 The European Commission adopted new versions of the Standard Contractual Clauses (SCCs) on June 4, 2021. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive (DPD) and did not completely meet the requirements of the General Data Protection Regulation (GDPR) passed in 2016. For example, the scope of the DPD only applied to data controllers in the European Union (EU) or European Economic Area (EEA), and the original SCCs assumed that the controller was always in the EU or the EEA and was the entity exporting the personal data. However, the scope of the GDPR is significantly broader than the DPD. It may apply to organizations physically located outside of the EU or EEA when they offer their goods and services to individuals located in the EU or EEA. Controllers located outside of the EU or EEA that used the original SCCs to facilitate transfers to processors located within the EU or EEA were required t

EU Commission adopts two adequacy decisions recognizing UK data protection laws as equivalent to EU laws

June 28, 2021 03:32:29 pm The EU Commission on Monday adopted two adequacy decisions, recognizing the level of protection of the United Kingdom’s data protection laws as “essentially equivalent” with EU laws. This decision will allow the EU to UK data flow to continue even after Brexit. In mid-February of this year, the Commission published two draft adequacy decisions and began the in-depth procedure process towards their adoption. One of the adequacy decisions included the General Data Protection Regulation (“GDPR”), a strict privacy reform, and the other for the Law Enforcement Directive (“LED”), an older law on the processing of data connected with criminal offenses.

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