Data Transfers And The Old EU Standard Contractual Clauses: 21 March Deadline To Make Changes

Organisations using the old European Union standard contractual clauses to transfer personal data out of the UK have until 21 March 2024 to make alternative arrangements. Walker Morris Regulatory & Compliance Partner and data protection specialist Andrew Northage explains the options.

What's the background?

Standard contractual clauses have traditionally been a key mechanism for transferring personal data to countries that don't benefit from a data adequacy decision. Changes have been made over the past few years to update these arrangements following both Brexit and the European Court of Justice's decision in the "Schrems II" case.

On 4 June 2021, the European Commission adopted a set of new and improved SCCs for personal data transfers from controllers or processors in the European Economic Area to those established outside the EEA. The new clauses replaced the old SCCs that had been in place for around 20 years.