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New EU SCCs – Are you prepared?

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While day-to-day life may have come to a grinding halt during the pandemic, the same certainly cannot be said for the world of data protection.



In the relatively short space of time since the end of the Brexit transition period, we’ve had:

Of these recent developments it is perhaps the publication of the new EU SCCs, and impending repeal of the old EU SCCs, which organisations need to be acutely aware of given the deadlines for implementing the new EU SCCs into contracts (where necessary).

Note: The new SCCs do not (yet) apply to transfers of personal data from the UK to third countries - see more below.
 

Timetable for the New EU SCCs

Organisations transferring personal data from the EU to ‘third countries’ will need to be ready to incorporate the new EU SCCs into their contractual agreements in accordance with the following timetable:

27 June 2021

The new EU SCCs were made ready for use. However, organisations are still able to use the old EU SCCs in new and existing contracts.

27 September 2021

The old EU SCCs are repealed and no new contracts can be signed which incorporate them as a transfer mechanism  for all new contracts, the new EU SCCs must be used. 

27 December 2022

Deadline for ensuring all existing contracts are amended to remove the old EU SCCs and incorporate the new EU SCCs.

Please note, the above timeline only applies to transfers of personal data from the EU to ‘third countries’, and organisations caught within this criteria should certainly review their existing contractual arrangements and intra-group transfer agreements that rely on the old EU SCCs as a valid transfer mechanism.

What about the UK?

At the end of the Brexit transition period the old EU SCCs were enshrined into UK law – meaning that the new EU SCCs are not formally recognised in the UK. However, the ICO is currently working on new UK specific SCCs, so it remains to be seen how long the old EU SCCs will be applicable. For the time being at least, organisations transferring personal data from the UK to ‘third countries’ can continue to use the old EU SCCs.

This is part of our data protection series. Read more here: 

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