Practicalities of the EU’s new Standard Contractual Clauses

The modernised EU Standard Contractual Clauses are expected imminently. What will they mean for organisations and specifically in the UK? Emma Erskine-Fox of TLT explains.

In November 2020, the European Commission (EC) released draft updated versions of its standard contractual clauses for the transfer of personal data from the EEA to third countries (Clauses). A consultation period followed, during which 148 consultation responses were received. At the time of writing, the final versions of the Clauses have not yet been released, although they are expected imminently and it is not anticipated that the final versions will differ significantly from the draft.

The draft Clauses have raised a number of questions about how they can and should be used in practice. For example, there is a new, modular structure for parties to get their heads around and a lack of clarity as to how the Clauses interplay with wider contractual obligations. The final version of the Clauses may shed more light on some of these issues, but either way, organisations are likely to be faced with some practical questions to consider before they decide how to implement the new Clauses.

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