On 12 November 2020, the European Commission released draft updated standard contractual clauses (SCCs) for consultation (available here).
The current SCCs were adopted by the Commission before the GDPR came into force. The CJEU’s decision in the Schrems II case has given greater urgency to updating the current SCCs. Once approved, the new SCCs will repeal the current SCCs. Data controllers and processors alike will therefore need to re-paper their agreements.
The main changes introduced by the draft SCCs are summarised below.
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