Transition Period for Old Standard Contractual Clauses Ends

On September 27, 2021, the transition interval permitting corporations to proceed utilizing the previous EU Standard Contractual Clauses (“SCCs”) for new transfers from the EU to a 3rd nation ended. Firms coming into into new switch agreements incorporating the SCCs should now use these printed by the European Fee on June 4, 2021 (the “new SCCs”). Transfers from the UK that depend on SCCs should proceed to make use of the previous SCCs.

Background

On June 4, 2021, the European Fee printed the ultimate model of the implementing decision on SCCs for transfers of private knowledge from the EU to 3rd nations underneath the EU Common Knowledge Safety Regulation (“GDPR”), in addition to the ultimate model of the brand new SCCs. The brand new SCCs offered for a transition interval of three months, throughout which corporations may proceed utilizing the previous SCCs. As of September 27, 2021, corporations coming into into new switch agreements should now use the brand new SCCs. Contracts signed earlier than September 27, 2021 that already integrated the previous SCCs will stay legitimate till December 27, 2022 (offered that the previous SCCs stay unchanged).

Use within the UK

The UK has not acknowledged the brand new EU SCCs and firms subsequently can not at the moment use them to legitimize knowledge transfers from the UK. In the meanwhile, corporations should proceed counting on the previous SCCs to safeguard transfers of knowledge from the UK. Sooner or later, the UK worldwide knowledge switch settlement (at the moment topic to a public consultation) shall be accessible for transfers from the UK to a 3rd nation. As a part of this proposal, the UK ICO has launched a easy draft template Addendum to the EU SCCs, that (if adopted) would permit corporations to adapt the brand new EU SCCs to work within the context of UK transfers.

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