Personal Data Transfers After Year Zero: Are the New SCCs a Paradigm Shift?

The E.U. standard contractual clauses for the transfer of data to third countries (New SCCs) that took effect on June 27, 2021, feature significant, and more onerous, changes to the previous ones, which cannot be used past September for new personal data transfers. Now is the time for organizations to prepare to use the New SCCs, and a structured approach to adopting the new framework is essential. In this first installment of a guest article series, Steptoe attorneys Diletta De Cicco and Charles Helleputte discuss what triggered the development of the New SCCs, identify some of the novelties introduced by the New SCCs, and provide three steps that non-EEA based organizations should start taking now. Part two will provide practical insight on the final version of the EDPB’s recommendations on supplementary measures, which were adopted on June 18, 2021. See “Ten Initial Steps for E.U. and U.S. Companies in Light of Schrems II Ruling” (Jul. 22, 2020).

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