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European Fee publishes draft new customary contractual clauses

On November 12, 2020, the European Commission published a draft implementing decision on standard contractual clauses for the transfer of personal data to third countries in accordance with the EU General Data Protection Regulation (“GDPR”) together with draft new standard contractual clauses (the “new SCCs”).

The new SCCs comprise several modules to be used by companies depending on the transfer scenario and the designation of the parties according to the GDPR, namely (i) transfers from controller to controller, (ii) transfers from controller to processor, (iii) processor-to Processor transfers; and (iv) processor-to-controller transfers.

The new SCCs can be publicly consulted until December 10, 2020. Feedback can be submitted here. The adoption process for the new SCC requires an opinion from the European Data Protection Board and the positive vote of the EU member states within the framework of the comitology procedure. The final SCCs are expected to be adopted in early 2021.

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