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Standard contractual clauses – need for change



Dr Bartosz Marcinkowski


Corporate and M&A Practice


European business law
Data privacy

On of the most common basis for legally transferring personal data from the EU to the USA, India or China is an agreement based on the Standard Contractual Clauses developed by the European Commission (SCC).

On the basis of the CJEU judgment in the Schrems II case, on 4 June 2021, the European Commission adopted a new set of SCC to ensure compliance with new legislation. Consequently, all old SCC must be replaced with new ones by 27 December 2022. In the case of large enterprises, this means hundreds and sometimes thousands of contracts having to be signed in line with the new version!

In view of the current transition period ending 27 December 2022, parties that concluded contracts before 27 June 2021 may continue to use the old SCC. Still, they are required to carry out an additional adequacy assessment and implement any necessary supplementary measures as referred to in the EDPB 01/2020 recommendations.

After 27 December 2022, all data transfers based on old SCC must be changed to the new SCC.

What is the scope of the changes and what implementation measures should be taken? In the attached alert, you can find a summary of the most important information regarding changes in the transfer of personal data outside the EU.


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