A little help to our friends… please welcome the new SCCs

PUBLICAÇÕES SÉRVULO 04 Jun 2021

Today the European Commission released the long promised new Standard Contractual Clauses (SCCs) for transfers of personal data to third countries.

Whilst it will be necessary to have a more profound look into these new arrangements it is a very need breath of fresh air to a suffocated relation between EU and US concerning data transfers between the two continents.

While we take some time for a more profound analysis of these new SCCs, we leave you with a quick check on the most relevant differences: 

(i) SCCs are not a crystalized document, it is possible for controllers and processors to add other clauses or additional safeguards provided, of course, that they do not directly or indirectly contradict the SCCs or prejudice the fundamental rights or freedoms of data subjects.

(ii) The model now encompasses a variety of situations including the transfer among controllers, controller to processor, processor to processor and processor to controller

(iii) Clauses 14 and 15 try to comply with Schrems II decision ad provide adequacy to the transfers of data.

Check out the EU SCCs text here.

Let’s see now how the cloud giants and IT service providers from across the ocean will receive these new clauses while we wait for the next play of Mr. Schrems and the team of activists on the topic.

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