When it comes to the GDPR and SCCs, change is the only constant. There are important SCC deadlines ahead for legal teams. This post includes a roundup of FAQs and updates to keep you informed.
What are Standard Contractual Clauses?
SCCs (Standard Contractual Clauses) are clauses that must be included in contracts that relate to data privacy rights in the European Union. In particular, this language is aimed at protecting personal data leaving the European Economic Area (EEA) through contractual obligations.
SCCs are required language in the form of contract clauses for personal data transfers between EU (European Union) and Non-EU Countries created as part of the GDPR (General Data Protection Regulation). “New SCCs” are the Standard Contractual Clauses that have been updated.
What is the GDPR?
The GDPR is the General Data Protection Regulation for countries within the European Union (EU). It was created to protect the data privacy rights of EU residents.
Why are the Standard Contractual Clauses important?
They were developed by the European Commission and provide a framework for the transfer of personal data between data controllers and data processors of EU Countries to Non-EU Countries.
Was there an important legal event that led to the update of the SCCs?
SCHREMS II Case: the case of a European citizen against Facebook: took away the framework for passing personal data between the United States and the European Union. This resulted in the update of the Standard Contractual Clauses.
Dates And Deadlines for the Transition to the New SCCs
- September 27, 2021- All new contracts must include the updated SCCs
- December 27, 2022 - All existing contracts must be updated to include the updated SCCs
The UK Now Has Its Own Sccs for Data Transfers
What are the UK SCCs?
The UK SCCs bring more transparency when it comes to personal data transfers from those in the UK to receivers outside of the EU. Since the UK left the EU there has been “legal ambiguity” as to what happens with the EU SCCs in the UK. These are now in force as of March 21, 2022.
Important UKK SCC Documents
- IDTA = International Data Transfer Agreement: this agreement consists of contractual clauses that have been pre-approved to allow data transfers from the UK to third countries which ensure that appropriate protections are in place.
- UK Addendum - International Data Transfer Addendum to the 2021 EU SCCs: this addendum conforms to the EU SCCs so that they coordinate with UK data transfers.
Dates And Deadlines for the Transition to the UK SCCs
The deadline for these changes to be made is March 21, 2024. That includes:
Current Existing Contracts
- Maintaining the old EU SCCs
- Implementing a new IDTA
- Implementing the new EU SCCs with the new UK Addendum
New Contracts created between March 21, 2022 and September 21, 2022
- Maintaining old EU SCCs
- Implementing a new IDTA
- Implementing the new EU SCCs with the new UK Addendum
New Contracts concluded on or after September 21, 2022
- New UK SCCs through either implementing an IDTA or the UK Addendum with the new EU SCCs
LinkSquares has a tool that will identify whether there are SCCs in your contracts and if present if they are old or new SCCs. Want to learn more? Schedule a demo today.
For more guidance on the IDTA, check out this page. For more guidance on the UK Addendum to the EU SCCs, read this article.
