On June 4, the European Commission adopted two new replacement sets of Standard Contractual Clauses (between Controllers and Processors, and separately for International Data Transfers) in light of the July 16, 2020 Schrems II decision which invalidated Privacy Shield and limited the use of the previous Standard Contractual Clauses. While the new Standard Contractual Clauses are currently being examined and analyzed, they were adopted to provide more clear guidance on data transfers to cover a more broad range of transfer scenarios. They also are intended to provide a “toolbox” to allow compliance with the Schrems II decision. Controllers and Processors currently using the previous sets of Standard Contractual Clauses will have an 18 month transition period to implement the new Standard Contractual Clauses, and any new agreement or data transfer requiring Standard Contractual Clauses should immediately begin using the new Clauses. Please contact Michael J. Feldman, Esq. at or 908-964-2486 with any questions or to further discuss implementation of the new Standard Contractual Clauses.
