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ARTICLE · 24 OCTOBER 2022

New SCCS Under GDPR: Are Organizations Ready?

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As the 3 months' window till September 27, 2021 lapses, this post provides a quick recap and overview of the New SCCs.

IndiaPrivacy
Arya Tripathy
Arya Tripathy
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Introduction

Article 46 of the General Data Protection Regulation (GDPR) lays out the alternative grounds that would allow a controller or processor to transfer personal data (PD) to a foreign jurisdiction which is not recognised as adequate. One of them is standard data protection clauses adopted by the European Commission. On June 4, 2021, the Commission adopted a set of New Standard Contractual Clauses (New SCCs) replacing the earlier ones that were framed under the 1995 Data Protection Directive (Old SCCs). New SCCs come up with a "modular" structure, addressing certain practical issues encountered in international data transfers with the objective of catering to digital economy developments, new and more complex processing operations involving multiple levels, prolonged processing cycles, and evolving business relationships. New SCCs were implemented with effect from June 27, 2021 and provide different timelines for existing and new transfer arrangements. For

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