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ARTICLE · 17 NOVEMBER 2020

European Commission Publishes Proposed New Data Transfer AgreementBlog Post Title

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The European Commission has just published a consultation draft of the long-promised updated version of the Standard Contractual Clauses (SCCs).

United StatesPrivacy
Susan Foster
Susan Foster
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The European Commission has just published a consultation draft of the long-promised updated version of the Standard Contractual Clauses (SCCs).  The SCCs are the most commonly used legal mechanism for transferring personal data from the EEA to non-EEA countries (known as "third countries").  In a nutshell, the new SCCs have finally caught up with the GDPR, which came into effect nearly two and a half years ago.  Once the Commission formally adopts the new SCCs, organizations will have a one-year grace period to transition from the old SCCs to the new SCCs.

Why are the SCCs important?

Most US companies that receive European personal data are aware that the GDPR prohibits the transfer of personal data from the EEA to "third countries" that don't have the benefit of a Commission "adequacy decision" (currently only 12 countries have one) unless 

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