On December 10, EACA submitted its comments on the Commission’s draft Standard Contractual Clauses (SCCs). SCCs are on way to legally transfer personal data from the EU to a non-EU (third) country. The update of existing SCCs became necessary as a result of the European Court of Justice ruling (ECJ) in Schrems II, which invalidated the previous mechanism used for data transfers to a third country – the EU-US privacy shield. Once finalized, these SCCs will replace existing SCCs.
In our comments, EACA emphasises that there is no need to repeal existing SCCs, as this would lead to unnecessary administrative burden. In fact, we recommend that existing SCCs remain valid for an indefinite period, or at least for a period of three years . Also, updated SCCs should only be applied to new cases. We also propose to alleviate the increased legal requirements and resulting financial burden on SMEs, in particular. We urge the Commission to address the issue that liability increases disproportionately for them when they bear the responsibility of ensuring legal changes on top of other requirements set out in the SCC.
The opportunity for public comments closed on December 10. A final set of SCCs can be expected in 2021. From then on organisations will have one year to transition from the old SCCs to the new.
For more details, please refer to our submission.