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Draft Standard Contractual Clauses Released by European Commission: New Clause Cause for Applause?

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Following on from last week’s big announcement by the European Data Protection Board (EDPB) on its expectations for international data transfers after the European Court of Justice’s July 16 Schrems II decision, the European Commission released a draft set of new Standard Contractual Clauses (SCCs) and a draft implementing decision. The Commission’s draft set of clauses allows for two new types of transfer and contains important updates to bring the text of the clauses in line with the General Data Protection Regulation. The draft documents are now available for public consultation, and both the EDPB and the European Data Protection Supervisor will be asked for their opinions on the documents. Following the Schrems II decision, many organizations have been waiting for guidance on additional safeguards and for the (long overdue) arrival of updated Standard Contractual Clauses. While the last few days have seen some welcome developments after a period of hiatus, organizations will likely need some time to assess the practical implications before making radical changes to international data transfer arrangements.

For the full alert, visit the Faegre Drinker website.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

About the Author: Reed Abrahamson

As a member of the firm’s Privacy and Cybersecurity Team, Reed Abrahamson assists clients with identifying and addressing data privacy and security risks in business operations. A Certified Information Privacy Professional - United States (CIPP-US), he helps companies design and implement privacy and data security policies and programs, and advises clients on compliance issues related to the GDPR, CCPA, HIPAA, CAN-SPAM Act, TCPA, and other privacy laws. View Reed's full bio on the Faegre Drinker website.

About the Author: Huw Beverley-Smith

Huw Beverley-Smith advises customers and suppliers on a wide range of international transactions and regulatory issues, including technology, telecommunications and business process outsourcing, complex services agreements, intellectual property ownership and licensing. He counsels clients on privacy and cybersecurity issues and helps navigate regulatory hurdles and operational and commercial risks. View Beverly's full bio on the Faegre Drinker website.

About the Author: Peter Blenkinsop

Peter Blenkinsop advises clients on regulatory compliance, focusing on two distinct but overlapping areas: (i) information privacy and data protection, and (ii) medical research. View Peter's full bio on the Faegre Drinker website.

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November 16, 2020
Written by: Reed Abrahamson, Huw Beverley-Smith and Peter Blenkinsop
Category: Communications, Privacy
Tags: european commission, international data transfer, Standard Contractual Clause

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