On June 4, the European Commission published the new SCC contractual clauses (Standard Contractual Clauses) that companies present in Europe who want to transfer personal data to a third country, the United States in particular, must follow.
These SCC clauses are supposed to respond to the consequences of the Schrems II judgment which ended on April 16, 2020 the use of the Privacy Shield, which regulated data transfers outside Europe. The persons whose data are concerned must be informed of the existence of these clauses and accept them. Companies now have 18 months to implement these new instructions.
« At first glance, the new SCCs will only increase red tape and corporate responsibility »Reacts Max Schrems, the Austrian lawyer who obtained the end of the Privacy Shield after several years of proceedings when he initially targeted Facebook. For him, the European Commission is just pushing back the problem, and getting rid of it with companies, local data protection authorities, such as the Cnil, and with the European Data Protection Board as well as probably towards the European Court of Justice at some point, “ because there is no legal basis for this approach in the GDPR »He concludes.
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