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New standard contractual clauses for transfers of personal data to third countries

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09/06/2021

On 4 June 2021, the European Commission issued new standard contractual clauses (new SCCs) for personal data transfers from controllers or processors in the EEA (or otherwise subject to the GDPR) to controllers or processors outside the EEA (and which are not subject to the GDPR). The new SCCs will replace the three sets of standard contractual clauses that were previously adopted under the Data Protection Directive 95/46.

 
The new SCCs are in line with the GDPR and take into account the important Schrems II judgement issued by the Court of Justice of the European Union on 16 July 2020.

 
These new SCCs will come into force as from 27June 2021, and the previous standard contractual clauses will be repealed three months after this date (i.e. on 27 September 2021). During that three month period, data exporters and data importers will still be able to use the previous standard contractual clauses. For an additional period of 15 months, data exporters and data importers will be able to continue to rely on previous standard contractual clauses for the performance of contracts concluded between them before 27 June 2021, provided that “the processing operations that are the subject matter of the contract remain unchanged and that reliance on the clauses ensures that the transfer of personal data is subject to appropriate safeguards within the meaning of Article 46(1) of Regulation (EU) 2016/679”.

 
This means that all situations considered, as from 27 December 2022, the previous standard contractual clauses need to have been replaced by the new SCCs.

 
Please find herewith a link to the new SCC.

 

Should you have any questions regarding this matter, please don't hesitate to contact Sarah van den Brande (s.vandenbrande@liedekerke.com) or Amélia Goy (a.goy@liedekerke.com).