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 after September for new personal data transfers. The European Data Protection Board’s Recommendations 01/2020, adopted June 18, 2021, are meant to help data exporters with the complex task of assessing third countries’ data protection regimes and identifying appropriate supplementary measures. In the first part of this article series we are featuring in our retrospective issue on data transfers, Steptoe attorneys Diletta De Cicco and Charles Helleputte discussed what triggered the development of the New SCCs, identified some of the novelties introduced by the New SCCs and provided three steps that non-EEA based organizations should start taking now. Part two provided practical insight on the final version of the EDPB’s recommendations on supplementary measures. 

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