Easily Replace Cross into the Transfer Agreement

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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What benefits do the new SCCs offer?

Importantly, the new SCCs address the deficiencies in its previous version and reflect the GDPRs data transfer requirements as well as some Schrems II related developments. They also provide more legal predictability to EU businesses and offer more flexibility for complex data processing chains.

What is the difference between old and new standard contractual clauses?

The old SCCs are separate, free-standing agreements for each type of data transfer, whereas the new SCCs contain certain content which is applicable to all four transfer scenarios such as, for example, introductory provisions or provisions on noncompliance and termination.

When did SCCs change?

On June 4, 2021, the European Commission (the EC) abolished the old Standard Contractual Clauses (the Old SCCs) and published a new more flexible set of clauses (the New SCCs) for companies that wish to export personal data from the EU to elsewhere to rely on (for more information, see here and here).

What is the replacement for the Privacy Shield?

U.S. and EU officials began negotiating a Privacy Shield successor, but American businesses were forced to rely on other methods to legally justify data transfers between the two jurisdictions. On March 25, 2022, the Privacy Shields replacement, the Trans-Atlantic Data Privacy Framework, was finally announced.

What is the difference between the old SCC and the new SCC?

Main differences between the old and new SCCs. Among much other news, the new SCCs use a risk-based approach for international transfers. This means that importers of data can weigh in the actual risks of data being accessed by public authorities. The first set of SCCs applies to international transfers.

Why was the Privacy Shield invalidated?

Privacy Shield was invalidated partly due to its inability to protect EEA data subjects personal information from the U.S. Governments surveillance powers. Those powers are derived from national surveillance laws.

How long can I use the old SCCs?

Old SCCs entered into before that date remain valid until Dec. 27, 2022. However, starting from Dec. 27,2022, personal data transfers to unsafe countries outside the EEA may only be based on the new SCCs.

What replaced Safe Harbor?

Privacy and Security On July 12, 2016, the European Commission issued an adequacy decision on the EU-U.S. Privacy Shield Framework. This new Framework, which replaces the Safe Harbor program, provides a legal mechanism for companies to transfer personal data from the EU to the United States.

Is the EU-U.S. agree on data transfer tool to replace the Privacy Shield?

In its judgment of 16 July 2020 (Case C-311/18), the Court of Justice of the European Union invalidated the adequacy decision. The EU-US Privacy Shield is therefore no longer a valid mechanism to transfer personal data from the European Union to the United States.

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