European Commission Adopts New Standard Contractual Clauses

The European Commission (EC) on June 4, 2021 adopted a new set of Standard Contractual Clauses for international data transfers (New SCCs). The New SCCs take into account the Court of Justice of the European Union’s (CJEU) decision in Schrems II, requirements under the EU General Data Protection Regulation (GDPR), and according to the EC “address the realities faced by modern business”. In particular, as it relates to companies ongoing Schrems II assessments the New SCCs provide details around the steps an importer should take when subject to a request for disclosure from a public authority, and helpfully confirm that in carrying out the assessment of a third country legal framework the factors which can be taken into consideration.