Proposed replacement standard contractual clauses for international transfers

Table of contents

• How has Schrems II influenced the draft SCCs?
• What happens to existing SCCs?
• How will the draft SCCs fix known gaps?
• How will the new SCCs impose EU GDPR-like obligations on data importers?
• What could the SCCs do better?
• What do the new SCCs look like?

Article summary

Information Law analysis: On 12 November 2020, the European Commission published a draft Implementing Decision on new standard contractual clauses (SCCs) for the transfer of personal data to third countries outside the EEA under the General Data Protection Regulation. Ruth Boardman, co-head of Bird & Bird’s International Privacy and Data Protection Group explains some of the key aspects of the proposed draft SCCs.