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International data flows: the new SCCs

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International data flows: the new SCCs

Within a few days, answers were given, albeit not definitive, to the stringent expectations that followed the decision of the CJEU on the Schrems II case

The decision of the Court, as is known, invalidated the Privacy Shield agreement and considered the standard or “SCC” contractual clauses to be inadequate to protect the rights of the data subjects in the event of indiscriminate access by law enforcement authorities or security services of the recipient country, outside the EU / EEA.

European Data Protection Board

In chronological order, first, the two releases by the EDPB occurred:

Both recommendations were issued on 10 November 2020; the first is subject to public consultation until 21 December (deadline postponed) and will be applicable immediately after its publication. Moreover, experience indicates that any changes made following the consultation are generally marginal and do not affect the conceptual structure of the document. Consequently, it can be expected that this will be the setting of the new SCCs also in the final version.

New SCCs

New SCCs

On 12 November 2020, the EU Commission published the proposed new “SCC” Standard Contractual Clauses for international flows of personal data that consider the decision of the CJEU on the Schrems II case. The documentation is subject to public consultation until 10 December 2020 and is composed of: