Akin Gump Article on European Commission’s Draft Documents to Facilitate Data Transfers Published by Privacy & Cybersecurity Law Report

May 19, 2021

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“Cross-Border Personal Data Transfers: Proposed New SCCs Impose Significant Restrictions on Businesses” has been published by Privacy & Cybersecurity Law Report. Originating as an Akin Gump client alert, the article was written by counsel Jenny Arlington; associates Jay Jamooji and Sahar Abas; cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed; and associate Rachel Kurzweil.

The article analyzes two highly anticipated European Commission draft documents to facilitate data transfers, and provides several highlights of the new standard contractual clauses (SCCs). One of them is directed toward the transfer of personal data outside the European Economic Area, while the other is aimed at assisting companies located in the EU with the requirement for a contract between controllers and processors.

The article then outlines some next steps for data exporters and importers, noting that they may “continue to rely on the Old SCCs for the performance of a contract entered into before the adoption of the New SCCs, provided certain conditions are met,” for a period of one year from the date the New SCCs are adopted.

To read the full article, please click here.

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