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Initial Reactions: New Standard Contractual Clauses from the European Commission Heralds a New Dawn for Data Transfers

Posted on 04 June 2021

On 4 June 2021 the European Commission issued new standard contractual clauses (SCCs) for data transfers between EU and non-EU countries. These modernised SCCs will replace the previous three sets of SCCs that were adopted under Data Protection Directive 95/46.

In this 'Initial Reactions' session, Partners Adam Rose and Ashley Winton from the Data Protection team discuss their thoughts and analyse some of the key changes.

Commenting additionally on the new approach, Ashley Winton said:

"The risk of "Schrems III" is now on the boardroom agenda.  The prior cases brought by Max Schrems concerned the export of personal data out of the EU.  With the EU-UK adequacy decision in the balance, the reported wish for Privacy Shield version 2 to be announced in time for President Biden's visit and the new Standard Contractual Clauses announced today – focus needs to be turned to how companies are legitimising the export of their personal data from Europe.  The question is not just how this should be done, but what should they do if these mechanisms are challenged and overturned in the European Courts again."

This session was recorded on 4 June 2021. All information was correct at time of recording.

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