The European Commission has today published the finalised version of the new Standard Contractual Clauses (the new SCCs). The purpose of the new SCCs are to help companies legalise transfers of personal data from outside of the EEA. They will also be a lawful mechanism for UK companies to use too.
The new SCCs were updated to:
- allow for various types of transfers (in particular those between a processor and a sub-processor);
- give the clauses a GDPR ‘face lift’; and
- address the requirements of the Schrems II judgement.
Organisations may continue to use the current SCCs until 27 September 2021, but must transition to the new SCCs by 27 December 2022. This means that organisations will need to embark on a mass repapering exercise to ensure that all vendor contracts and intra-group agreements contain the new SCCs if personal data is transferred.