Standard Contractual Clauses

In a long awaited decision, the European Commission (“Commission’) adopted two new sets of standard contractual clauses (“SCCs”) to reflect the EU’s General Data Protection Regulation (“EU GDPR”) and ‘the realities faced by modern business’ (see the Commission’s press release). These replace the current SCCs that were adopted over 10 years ago under the, now repealed, Data Protection Directive. The EU’s Commissioner for Justice, Didier Reynders, cited the SCCs as providing companies with ‘more safety and legal certainty’ and as being ‘user friendly tools’.

It is important to note that the new set of SCCs is significantly different than the previous set. For example, instead of focusing on the status of the parties as “controller” or “processor”, the new SCCs focus on the location of the parties, regardless of status. This is a significant departure from the prior form.
Continue Reading Out With the Old, In With the New: New GDPR Standard Contractual Clauses