Developments in relation to international transfers of personal data outside of the EU continue to attract a lot of attention. The recent decisions considering that the use of Google Analytics may violate the GDPR are the latest evidence of this trend.
As the EU data protection authorities increasingly focus on the enforcement of the GDPR’s international data transfer rules, making sure your compliance measures remain up to date is essential.
In this context, the mandatory replacement of the old SCCs by the new SCCs before the end of the year is a key point of attention.
The great SCC repapering exercise
On 4 June 2021, the European Commission published modernised SCCs for transfers of personal data from EU controllers/processors to non-EU controllers/processors under the GDPR.
The 18-month transition period to update the old SCCs you may currently have in place will end on 27 December 2022. Timely replacing any such old SCCs by the new SCCs can however be quite a burdensome and time-consuming exercise.
Practically, it involves:
- the manual extraction of the existing information contained in the old SCCs you currently have in place;
- the selection of the appropriate new model of SCCs;
- the filling in of the selected model using the extracted information; and
- the completing of the SCCs with additional information required under the new model.
Linklaters’ innovative tool to facilitate the SCC repapering
To assist our clients with the SCC replacement process, Linklaters has developed an artificial intelligence based tool which runs on our internal IT platforms.
The tool extracts information from existing SCCs and enables the semi-automated generation of new SCCs using our in-house document automation tool in a streamlined, effective and cost-efficient manner. Our lawyers carry out the necessary checks during the process to ensure quality control.
Our tests indicate that this approach can limit the burden of the SCC repapering exercise, which can be a stand-alone project or part of a broader international data transfer compliance exercise to address the requirements from the Schrems II decision of the Court of Justice of the EU, including the related need to carry out transfer impact assessments ("TIAs") prior to international data transfers.
We would be glad to discuss how Linklaters can assist your company using this tool and answer any question you may have in this respect.