Professional Documents
Culture Documents
Intellectual Property
The New EU Standard Contractual Clauses – What Do You Need To Know?On 4
June 2021, the European Commission published the finalised version of the new
Standard Contractual Clauses (the “New EU SCCs”). Standard Contract
Clauses govern the transfer of data from the EU to third countries deemed by
the European Commission to provide “inadequate” levels of data protection.
• Providing for data transfers involving multiple parties and complex data
processing chains.
In April 2021, the European Data Protection Board (“EDPB”) assessed the
alignment of the UK Data Protection Act to the EU GDPR and to the Law
Enforcement Directive. Whilst it found that, in many aspects, the UK Data
Protection Act was essentially equivalent to the EU data protection framework,
the EDPB called for the UK to clarify its position on laws that allow government
agencies to collect bulk data, such as internet and phone use.
Last month, the European Parliament issued a press release requesting that the
European Commission amend its draft decisions on UK adequacy in line with
the opinion of the EDPB. The European Parliament does not, however, have the
ability to block the adoption of any adequacy decision made by the European
Commission. Before a final decision can be reached in relation to the UK’s
adequacy status, the European Commission must seek approval from
representatives of each EU Member State. A final decision is due to be reached
later on this year.
We shall keep you informed of the latest developments. In the meantime, until
1 July 2021, transfers of personal data from the EU to the UK can continue
unrestricted.