In The Spotlight - International Data Transfers: New Transfer SCCs

Businesses and their service providers regularly send personal data across borders. Where the GDPR applies to that personal data, the GDPR requires minimum safeguards to travel with the data. Standard contractual clauses ("SCCs") are the safeguard most commonly used by businesses and their services providers. 

In June 2021, the European Commission approved new transfer SCCs ("New Transfer SCCs"). The New Transfer SCCs must be used for all new or changed transfers from 27 September 2021 unless another GDPR safeguard is in place. Failure to put in place the New Transfer SCCs may result in complaints, reputation damage and regulatory enforcement actions including administrative fines and/or transfer prohibitions.