The day has come! The European Commission has today on the 4th June 2021 published the 'revamped' Standard contractual clauses for international transfers ("New SCCs").

The final working documents of the New SCCs can be found here

In terms of timeline:

  • the New SCCs are effective 20 days post formal publication in the Official Journal.
  • the old SCCs will be repealed 3 months post that date. During that 3 month period, data importers and data exporters can continue to rely on the old SCCs. 
  • after that 3 month period, there will be an additional 15 month period where contracts which were concluded prior to the old SCCs being repealed can continue to include the old SCCs. Any contracts which are amended or entered into as new contracts during this 15 month period and onward will need to implement the New SCCs. This is also applicable to any processor subcontracting to a subprocessor. 

We did a quick summary of the draft New SCCs when they were released in November 2020 (see here) and we will be releasing some more in-depth analysis on the final text, so watch this space!

In the meantime, feel free to reach out to any member of the Data Protection Team at Lewis Silkin for questions you have on how this may impact your data transfers.