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ARTICLE · 07 APRIL 2022

International Personal Data Transfers - Key Changes And Practical Tips

Herbert Smith Freehills Kramer LLP
Explore more from Herbert Smith Freehills Kramer LLP

With new rules in force in the EU and UK, we gauge how firms can navigate the evolving data landscape

European UnionPrivacy
Miriam Everett
Miriam Everett
Duc Tran
Duc Tran
Peggy Chow
Peggy Chow

With new rules in force in the EU and UK, we gauge how firms can navigate the evolving data landscape

Following the publication of the new EU Standard Contractual Clauses (SCCs) last year and their UK equivalent at the beginning of 2022, any current arrangements for transferring personal data outside of Europe or the UK should be revisited and updated in the coming months.

BACKGROUND: THE NEW EU MODEL CLAUSES

The new EU SCCs came into force on 27 September 2021 and are applicable to all transfers of personal data from the European Economic Area (EEA) to third countries outside the EEA (EU Restricted Transfers).

To recap, the GDPR prohibits EU Restricted Transfers unless a condition under the GDPR is satisfied. One of these conditions is the use of SCCs which function as a contract 'pre-approved' by the European Commission, imposing data protection obligations on both data exporter and importer.

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