Transition Date Looms: Transferring Data Transfer Agreements To The New SCCs

This briefing is an update of our briefing note of August 2021, which explained the format of the Standard Contractual Clauses issued by the European Commission in June 2021. All transfer agreements for personal data which use the contractual safeguard of the old SCCs must now be transitioned to the new SCCs by 27 December 2022. This cut-off date is fast approaching and affected Guernsey controllers and processors should be undertaking work as soon as possible to transition contracts across to the new terms.

In common with the GDPR, The Data Protection (Bailiwick of Guernsey) Law, 2017 (the "Law") places restrictions on the extent to which personal data may be transferred to recipients outside the Bailiwick of Guernsey ("Guernsey"). Under the GDPR, transfers of personal data are permitted without restriction to countries that the European Commission (the "EC") has assessed as providing an "adequate" standard of protection for personal data.