On 12 November, the European Commission published two sets of documents:
Once approved, the New SCCs will replace the previous standard contractual clauses used by organisations as an appropriate safeguard for making international transfers of personal data under the General Data Protection Regulation 2016/679 (“GDPR“).
Based on the draft implementing decision, businesses will have twelve months from the date the New SCCs enter into force to replace any existing standard contractual clauses currently being relied upon to conduct international transfers of personal data with the New SCCs. It is to be expected that the New SCCs will be adopted by the European Commission at the beginning of 2021.
As a result, businesses will need to undertake a remediation project to assess their data transfer arrangements and replace their existing network of standard contractual clauses with the New SCCs in order to continue making international transfers of personal data to affiliates and third parties located outside of the EEA in compliance with the GDPR.
Alongside the New SCCs, the European Commission has also published draft standard contractual clauses between controllers and processors located in the European Union. These contain clauses that a controller can impose on the processor to satisfy the contractual requirements that the controller is obliged to impose under Article 28 GDPR.
The use of the European Commission-approved Article 28 Clauses will not be compulsory and businesses may continue to use bespoke data processing agreements between controllers and processors to satisfy the requirements of Article 28 GDPR.
The New SCCs and Article 28 Clauses are currently open for public consultation until 10 December 2020 and also await feedback from the European data protection authorities.
For further information on this topic, click on following links:
https://www.fieldfisher.com/en/services/privacy-security-and-information/privacy-security-and-information-law-blog/first-impressions-new-eu-standard-contractual-clauses
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12741
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12740-Commission-Implementing-Decision-on-standard-contractual-clauses-between-controllers-and-processors-located-in-the-EU
Source: www.fieldfisher.com;