Safety First? New Standard Contractual Clauses from the European Commission

According to European Commission Vice-President for Values and Transparency, Vera Jourová, “In Europe, we want to remain open and allow data to flow, provided that the protection flows with it. The modernised Standard Contractual Clauses will help to achieve this objective: they offer businesses a useful tool to ensure they comply with data protection laws, both for their activities within the EU and for international transfers. This is a needed solution in the interconnected digital world where transferring data takes a click or two.”

en flag
nl flag
et flag
fi flag
fr flag
de flag
pt flag
ru flag
es flag

Content Assessment: Safety First? New Standard Contractual Clauses from the European Commission

Information - 90%
Insight - 90%
Relevance - 95%
Objectivity - 95%
Authority - 95%

93%

Excellent

A short percentage-based assessment of the qualitative benefit of the post highlighting the recent announcement by the European Commission of new standard contractual Clauses.

Editor’s Note: From time to time, ComplexDiscovery highlights publicly available or privately purchasable announcements, content updates, and research from data discovery and legal discovery providers, research organizations, and ComplexDiscovery community members. While ComplexDiscovery regularly highlights this information, it does not assume any responsibility for content assertions.

To submit recommendations for consideration and inclusion in ComplexDiscovery’s data and legal discovery-centric service, product, or research announcements, contact us today.

Press Announcement

European Commission Adopts New Tools for Safe Exchanges of Personal Data

Today (June 4, 2021], the European Commission adopted two sets of standard contractual clauses, one for use between controllers and processors and one for the transfer of personal data to third countries. They reflect new requirements under the General Data Protection Regulation (GDPR) and take into account the Schrems II judgement of the Court of Justice, ensuring a high level of data protection for citizens. These new tools will offer more legal predictability to European businesses and help, in particular, SMEs to ensure compliance with requirements for safe data transfers, while allowing data to move freely across borders, without legal barriers.

The new standard contractual clauses take into account the joint opinion of the European Data Protection Board and the European Data Protection Supervisor, feedback from stakeholders during a broad public consultation and the opinion of Member States’ representatives.

Vice-President for Values and Transparency, Vera Jourová said: “In Europe, we want to remain open and allow data to flow, provided that the protection flows with it. The modernised Standard Contractual Clauses will help to achieve this objective: they offer businesses a useful tool to ensure they comply with data protection laws, both for their activities within the EU and for international transfers. This is a needed solution in the interconnected digital world where transferring data takes a click or two.”

Commissioner for Justice, Didier Reynders, said: “In our modern digital world, it is important that data can be shared with the necessary protection – inside and outside the EU. With these reinforced clauses, we are giving more safety and legal certainty to companies for data transfers. After the Schrems II ruling, it was our duty and priority to come up with user-friendly tools, which companies can fully rely on. This package will significantly help companies to comply with the GDPR.”

Main Innovations

The standard contractual clauses published today reflect new requirements under the General Data Protection Regulation and address the realities faced by modern business. Thanks to their standardisation and pre-approval, the SCCs provide companies with an easy-to-implement template. Companies know that when they use this template they meet data protection requirements.

Main innovations of the new standard contractual clauses:

  • Update in line with the General Data Protection Regulation (GDPR);
  • One single entry-point covering a broad range of transfer scenarios, instead of separate sets of clauses;
  • More flexibility for complex processing chains, through a ‘modular approach’ and by offering the possibility for more than two parties to join and use the clauses;
  • Practical toolbox to comply with the Schrems II judgment; i.e. an overview of the different steps companies have to take to comply with the Schrems II judgment as well as examples of possible ‘supplementary measures’, such as encryption, that companies may take if necessary

For controllers and processors that are currently using previous sets of standard contractual clauses, a transition period of 18 months is provided.

These standard contractual clauses are adopted at a moment where a number of regional organisations and third countries are developing or have issued their own standard contractual clauses on the basis of converging principles. The Commission will intensify its cooperation with these international partners to further facilitate data transfers between different regions of the world.

Background

The General Data Protection Regulation (GDPR) entered into force on 24 May 2016 and became applicable on 25 May 2018. The standard contractual clauses are standardised and pre-approved model data protection clauses that can be incorporated into contractual arrangements on a voluntary basis, providing an easy-to-implement tool to comply with data protection requirements.

The Commission can adopt standard contractual clauses for the relationship between controllers and processors, as a tool to help to demonstrate compliance with the GDPR. In addition, the Commission can adopt standard contractual clauses providing data protection safeguards for data to be transferred internationally.

On July 16, 2020, the Court of Justice confirmed the validity of the EU Standard Contractual Clauses for the transfer of personal data to processors outside the EU/EEA (“SCCs”), while invalidating the EU–U.S. Privacy Shield.  Thus, the Court has ruled that international data flows under the European Union’s comprehensive data protection regime, the General Data Protection Regulation (GDPR), can continue to be based on EU Standard Contractual Clauses, while also further clarifying the conditions under which they can be used.

For More Information

Read the original press announcement.

Additional Reading

Interested in Contributing?

ComplexDiscovery regularly reports on key cyber, data, and legal discovery business spheres of interest ranging from market size and mergers to business confidence and vendor developments.

We do not offer ads on the website but like to support our work with voluntary contributions from those who enjoy and benefit from the research, news, and articles shared. Your support is greatly appreciated and will be directly used to support our publishing efforts for our dynamic community of cyber, data, and legal discovery professionals.

Have a Request?

If you have information or offering requests that you would like to ask us about, please let us know and we will make our response to you a priority.

ComplexDiscovery is an online publication that highlights cyber, data and legal discovery insight and intelligence ranging from original research to aggregated news for use by business, information technology, and legal professionals. The highly targeted publication seeks to increase the collective understanding of readers regarding cyber, data and legal discovery information and issues and to provide an objective resource for considering trends, technologies, and services related to electronically stored information.

ComplexDiscovery OÜ is a technology marketing firm providing strategic planning and tactical execution expertise in support of cyber, data and legal discovery organizations. Registered as a private limited company in the European Union country of Estonia, one of the most digitally advanced countries in the world, ComplexDiscovery OÜ operates virtually worldwide to deliver marketing consulting and services.

[Legal Education Webcast] Breaches, Responses, and Challenges: Cybersecurity Essentials That Every Lawyer Should Know

Every large corporation and organization today face the significant threat of...

Classifying Ransomware? A Ransomware Classification Framework Based on File-Deletion and File-Encryption Attack Structures

This paper evaluates attack methodologies of a ransomware attack: the underlying...

Thwarting Architectural Imbalance? Considering Dynamic Distributed Secure Storage Against Ransomware

In this paper, the authors focus on ransomware, which is a...

Considering Ransomware Risk Management? A Cybersecurity Framework Profile from NIST

Ransomware is a type of malicious attack where attackers encrypt an...

Magnet Forensics Acquires DME Forensics

According to the announcement, under the terms of the agreement, Magnet...

Consilio to Acquire Legal Consulting and eDiscovery Business Units of Special Counsel from Adecco

According to Laurie Chamberlin, Head of Professional Recruitment and Solutions North...

Nuix Acquires Natural Language Processing Company

According to Nuix CEO Rod Vawdrey, “Topos will strengthen Nuix’s product...

UnitedLex Acquires BlackStone Discovery

According to John P. Kelly, CEO and founder of BlackStone Discovery,...

A New Era in eDiscovery? Framing Market Growth Through the Lens of Six Eras

There are many excellent resources for considering chronological and historiographical approaches...

An eDiscovery Market Size Mashup: 2020-2025 Worldwide Software and Services Overview

While the Compound Annual Growth Rate (CAGR) for worldwide eDiscovery software...

Resetting the Baseline? eDiscovery Market Size Adjustments for 2020

An unanticipated pandemeconomic-driven retraction in eDiscovery spending during 2020 has resulted...

Home or Away? New eDiscovery Collection Market Sizing and Pricing Considerations

One of the key home (onsite) or away (remote) decisions that...

Five Great Reads on Cyber, Data, and Legal Discovery for August 2021

From the interplay of digital forensics in eDiscovery to collecting online...

Five Great Reads on Cyber, Data, and Legal Discovery for July 2021

From considerations for cyber insurance and malware to eDiscovery business confidence...

Five Great Reads on eDiscovery for June 2021

From remediating cyberattacks to eDiscovery pricing, the June 2021 edition of...

Five Great Reads on eDiscovery for May 2021

From cyber discovery and data breaches to business of law and...

More Keepers? Predictive Coding Technologies and Protocols Survey – Fall 2021 Results

From the most prevalent predictive coding platforms to the least commonly...

Glowing Expectations? Eighteen Observations on eDiscovery Business Confidence in the Summer of 2021

In the summer of 2021, 63.3% of survey respondents felt that...

Issues Impacting eDiscovery Business Performance: A Summer 2021 Overview

In the summer of 2021, 24.4% of respondents viewed increasing types...

Looking Up? eDiscovery Operational Metrics in the Summer of 2021

In the summer of 2021, 80 eDiscovery Business Confidence Survey participants...