As highlighted by this blog on Friday, the European Commission has published long-awaited Standard Contractual Clauses (SCCs). These represent the first updates to the SCCs in over a decade, with the last updates having been made in 2010.
Alston & Bird partner Wim Nauwelaerts has now published an advisory titled “10 Key Takeaways from the European Commission’s New SCCs.” Among the topics covered in the
- Effective dates and transitions periods that companies will have for implementing the new SCCs;
- The new SCCs’ expanded scope of application, including their ability to function as “data processing” agreement in addition to data transfer agreements;
- The extent to which the new SCCs permit a “risk-based approach” to Schrems II transfer impact assessments;
- New security obligations, including more onerous breach reporting obligations for non-EU companies that ‘import’ EU personal data under the SCCs;
- New mandatory dispute-resolution procedures that EU individuals can invoke under the SCCs; and
- Enhanced restrictions on onward transfers.
Click here to access the full advisory.
Alston & Bird will continue to analyze the New SCCs and their impact on EU data transfers. We will publish additional work on this and related topics.
