European Commission Standard Contractual Clauses 2021

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On luglio 28, 2023, Posted by , With No Comments

The European Commission recently updated its standard contractual clauses (SCCs) for international data transfers, bringing them up to speed with the realities of modern data processing and privacy regulations.

These new clauses are designed to help companies comply with the General Data Protection Regulation (GDPR), the European Union`s strict data protection law, as well as the recent Schrems II ruling by the European Court of Justice, which invalidated the Privacy Shield agreement between the US and EU.

The SCCs outline the terms and conditions for transferring personal data outside of the EU, and provide reassurance to businesses and their customers that their data will be handled in a secure and compliant manner.

The new SCCs are more detailed and comprehensive than previous versions, and include provisions for the use of sub-processors, data security, and audits. They also include specific provisions for data transfers to countries that do not have an adequate level of data protection, including additional safeguards that must be put in place to ensure the protection of personal data.

The SCCs are not a one-size-fits-all solution, however. Companies must carefully consider their specific data processing activities and the countries to which they are transferring personal data in order to ensure that they are complying with the new SCCs.

Companies must also be prepared to adapt to future changes in data protection regulations, as the SCCs will likely be updated again in the future to reflect evolving privacy laws.

Overall, the new SCCs provide much-needed clarity and guidance for businesses that are navigating the complex landscape of international data transfers. By following these new requirements, companies can build trust with their customers and ensure that they are complying with the latest data protection regulations.

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