On June 4, 2021, the European Commission (EC) published its long-awaited final Implementing Decision adopting new Standard Contractual Clauses (the “New SCCs”) for the transfer of personal data to third countries. On November 12, 2020, the EC had published a draft implementing decision for public consultation (the “Consultation Draft”). The new SCCs are the European Commission’s answer to personal data exports in the post-GDPR, post Schrems II world, and have been much anticipated by the privacy community. They come into effect on June 27, 2021 (i.e. 20 days after their publication in the EU’s Official Journal, on June 7, 2021).
This client update provides our initial key observations and highlights the material differences between the Consultation Draft and the New SCCs. We have also prepared a redline comparison between the Consultation Draft and the New SCCs, which is available for download here.
Key observations
… and material differences
- Extended transition period: The New SCCs allow organizations to continue to use the “old” SCCs for new transfers…
