June 26, 2022

Volume XII, Number 177

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June 24, 2022

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Working through the new EU SCCs? European Commission Releases FAQs

The European Commission recently released a set of FAQs for the new EU standard contractual clauses (SCCs). The FAQs are based on feedback received from various stakeholders and currently address 44 different questions. Additional content is expected to be added as new questions come up. The long-awaited SCCs for transfers out of the EEA were adopted about one year ago. Among other changes, two of the biggest differences in the new cross-border SCCs is the modular approach and provisions to address Schrems II. The FAQs cover some general questions about the SCCs for companies that might be newer to using this mechanism for data transfers. In addition, the FAQs respond to a number of more mechanical questions added by the new terms. This includes handling the “docking clause,” limits of liability, applicable law, and requirements around government access.

Putting it into practice: For parties working through the challenges of filling out these new terms for data transfers, the FAQs shed additional light on many of the new sections. As of September 27, 2021, all new contracts should be relying on the new SCCs. By December 27, 2022, all existing contracts using the old SCCs will need to be replaced by the new terms.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume XII, Number 146
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About this Author

Julia Kadish is an attorney in the Intellectual Property Practice Group in the firm's Chicago office.

Areas of Practice

Julia's practice focuses on data breach response and preparedness, reviewing clients' products and services for privacy implications, drafting online terms and conditions and privacy policies, and advising clients on cross-border data transfers and compliance with US and international privacy regulations and standards. She also workes on drafting and negotiating software licenses, data security exhibits, big data licenses, professional...

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