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Recent Development
On 4 June 2021, the European Commission published modernized
Standard Contractual Clauses (SCC) for data transfers under the
General Data Protection Regulation (GDPR). The modernized SCCs were
published as two sets: the first set regulates the cross-border
transfers to third countries outside the EU and is a replacement to
old SCCs, whereas the second set is for data transfers between data
controllers and data processors.
Background
Under the GDPR, cross-border data transfers outside of the EU
must either rely on an adequacy decision or alternative mechanisms,
such as Standard Contractual Clauses and Binding Corporate Rules.
To ensure full compliance with the GDPR and the legislative
developments on data transfers (such as the Schrems decision on the
invalidation of the EU-US Privacy Shield), the EU Commission
published modernized SCCs, replacing the current SCCs.
