New SCCs With Wider Application Introduced By European Commission

Earlier this month on 4 June 2021, the European Commission issued two decisions containing new sets of Standard Contractual Clauses (SCCs) for the transfer of personal data pursuant to the General Data Protection Regulation (GDPR).  With each of these decisions coming into force on 27 June, we take a look at some of the key aspects of the new clauses.

Commission Implementing Decision 2021/914 on standard contractual clauses for the transfer of personal data to third countries (Third Country SCCs), will replace the SCCs adopted under the (now repealed) Data Protection Directive (EU/95/46) (old SCCs) and, caters for a broader range of transfer scenarios.  Commission Implementing Decision 2021/915 provides new standard contractual clauses (Intra EU SCCs) that can be used between controllers and processors to meet the requirements contained in Article 28(3) and (4) of the GDPR (and Article 29(3) and (4) of Regulation (EU) 2018/1725). Importantly, the Intra EU SCCs