ARTICLE
23 December 2022

EU SCC Looming Deadline

MB
Mayer Brown

Contributor

Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. With extensive reach across four continents, we are the only integrated law firm in the world with approximately 200 lawyers in each of the world’s three largest financial centers—New York, London and Hong Kong—the backbone of the global economy. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
Companies that rely on standard contractual clauses ("SCCs") for transferring personal data from the European Economic Area ("EEA") to jurisdictions not considered to offer an adequate...
European Union Privacy
To print this article, all you need is to be registered or login on Mondaq.com.

Companies that rely on standard contractual clauses ("SCCs") for transferring personal data from the European Economic Area ("EEA") to jurisdictions not considered to offer an adequate level of data protection under the EU General Data Protection Regulation must ensure that none of their existing contracts use the old SCCs after 27 December 2022.

Businesses are required to update their existing contracts with customers, vendors and entities in their corporate group to include the European Commission's new SCCs to legally transfer personal data from the EEA to non-adequate jurisdictions (such as the United States).

While many companies are towards the end of the repapering process from the old to the new SCCs, more than a decade of using the old SCCs and the new requirement to carry out transfer impact assessments means that some businesses might find it difficult to meet the deadline for all their contracts.

Prioritising key contracts that cover data transfers which are essential for the operation of the business and/or carry the most risk may help companies reduce the risk of business disruption and enforcement by data protection authorities. However, we anticipate that individuals (such as unhappy customers or employees), privacy campaigners and regulators will soon step up the pressure on businesses that do not comply with the 27 December 2022 deadline.

United Kingdom

For personal data transfers outside the United Kingdom, all existing contracts that incorporate the old SCCs will need to be updated by 21 March 2024 to include the international data transfer agreement or the addendum to the SCCs approved by the UK Information Commissioner's Office for this purpose.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2022. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More