GDPR Compliance - New Standard Contractual Clauses

On 4 June 2021, the European Commission adopted the following two sets of new standard contractual clauses in the context of the General Data Protection Regulation (Regulation 2016/679, the GDPR):

• standard contractual clauses replacing the old standard contractual clauses providing appropriate safeguards within the meaning of Article 46(1) and (2)(c) of the GDPR for the transfer of personal data by a controller or processor (data exporter) to a controller or (sub) processor whose processing is not subject to the GDPR (data importer)¹; and
• standard contractual clauses that can be used in contracts between controllers and processors who process personal data on behalf of the controller(s) for compliance with the requirements of Article 28(3) and (4) of the GDPR, regardless of whether there is a transfer or not;²