GDPR: Only six weeks until the new standard contractual clauses take effect

Dr. Christian EngelhardtLaw

Standard contractual clauses for the transfer of personal data into countries outside the GDPR’s scope of application are often used to conduct these transfers in accordance with the GDPR. Companies and organizations already using such standard contractual terms must definitely update them by December 27, 2022. Violations will entail severe fines. 

With the Commission Implementing Decision EU (2021/914 of June 4, 2021  the European Commission has adopted new standard contractual clauses, thus creating a legal basis for the transfer of data into “insecure” (third) countries pursuant to Art. 46 (2) lit. c GDPR. 

These new standard contractual clauses are structured modularly and can be used for the following constellations:

  • Transfer from controller to controller
  • Transfer from controller to processor
  • Transfer from processor to (sub-)processor
  • Retransfer from processor in the EU to a controller in a third country
Dr. Christian Engelhardt

Dr. Christian Engelhardt
Partner
Attorney-at-Law (Rechtsanwalt)

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