Friday, January 15, 2021
On January 15, 2020, the European Data Protection Board (“EDPB”) and European Data Protection Supervisor (“EDPS”) adopted joint opinions on the draft Standard Contractual Clauses (“SCCs”) released by the European Commission in November 2020, both for international transfers (“International SCCs”) and for controller-processor relationships within the EEA (“EEA Controller-Processor SCCs”).
Once finalized, the International SCCs will replace the existing sets of SCCs, which were drafted under the Data Protection Directive, for transfers of personal data from within the EEA to organizations in non-EEA countries that have not been recognized as providing an adequate level of data protection. In those cases, the EU General Data Protection Regulation (“GDPR”) requires that a transfer mechanism be implemented. In the wake of the invalidation of the Privacy Shield in the Court of Justice of the European Union’s (the “CJEU”)