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European Fee Publishes Draft of New Commonplace Contractual Clauses

On November 12, 2020, the European Commission published a draft implementing decision on standard contractual clauses for the transfer of personal data to third countries pursuant to the EU General Data Protection Regulation (“GDPR”) along with its draft set of new standard contractual clauses (the “New SCCs”).

The New SCCs include several modules to be used by companies, depending on the transfer scenario and designation of the parties under the GDPR, namely (i) controller-to-controller transfers, (ii) controller-to-processor transfers, (iii) processor-to-processor transfers and (iv) processor-to-controller transfers.

The New SCCs are open for public consultation until December 10, 2020, and feedback may be submitted here. The adoption process for the New SCCs requires an opinion of the European Data Protection Board and the positive vote of EU Member States through the comitology procedure. The final SCCs are expected to be adopted in early 2021.

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