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DZP alerts.
10.10.2022
Authors:
Dr Bartosz Marcinkowski
Sylwia Kuca
Practice:
Specialisations:
By a decision dated June 4, 2021 the European Commission adopted new sets of Standard Contractual Clauses (SCCs). As a result, by December 27, 2022, enterprises transferring data outside the European Economic Area grouping EU member states as well as Iceland, Norway, and Liechtenstein (EEA) are required to implement the new SCCs.
The main aim of introducing the new SCC is to ensure adequate safeguards for the transfer of personal data to the countries outside the EEA.
This translates into an obligation to make changes to the structure of contracts and their scope of application. In case of large enterprises, it means having to sign hundreds or even thousands of contracts that comply with the new standards.
Please note that failure to implement the new SCCs by the deadline may give rise to the following risks:
A solution that can ensure a rapid completion of the implementation process of new SCCs is the use of matrices that automate the adaptation of contracts to new SCCs - depending on the requirements of a particular factual circumstances. There is no doubt that such solution can quickly and intuitively improve the ergonomics of using a given template, and thus speeds up the entire process of changing the contract, while offsetting the above-described risks.
For more information, see the attached alert.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: iod@dzp.pl.
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