The New Standard Contractual Clauses – A Deeper Dive

On 7 June 2021, the European Commission finally published the long-awaited new standard data protection clauses or "standard contractual clauses" (SCCs), which will replace the now obsolete clauses from 2001/2004 and 2010 respectively. The new standard contractual clauses do not only implement (some of) the requirements of the Schrems II decision by the CJEU, but also adapt the clauses to the specifications of the GDPR. Since the new standard contractual clauses completely replace the old clauses, there are already several measures that companies can take in preparation for the switch.

1. Introduction

According to Chapter V of the GDPR, the transfer of personal data from the European Economic Area (EEA) to countries outside the EEA is only permissible if an adequate level of data protection is ensured at the data recipient. In order to ensure such an adequate level of protection, the GDPR provides, inter alia, for the possibility of using standard data protection