European Commission Publishes Draft of New Standard 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”).

EDPB Releases Recommendations for Supplementary Measures for Transfers of Personal Data to Recipients Outside the European Union

On November 11, 2020, the European Data Protection Board (“EDPB”) released two documents as a follow-up to the Court of Justice of the European Union’s (“CJEU”) notable July 2020 decision, known as Schrems II. These documents are intended to assist companies navigating the ever-evolving world of data transfers from the EU to third countries. The “Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data” (the “Recommendations”) were adopted on November 10 and are open for public consultation until November 30. They provide data exporters, or the parties sending personal data out of the EU to third countries, with a set of steps to take in order to help with the “complex task of assessing third countries and identifying appropriate supplementary measures where needed.” The other document, entitled “Recommendations 02/2020 on the European Essential Guarantees for surveillance measures” (“EU Essential Guarantees”) and providing further information for the assessment of third countries, was adopted outright.

International Data Transfer: High on the Agenda of EU Commission and European Court of Justice

Recently, the European Commission published its evaluation report on the first two years of the General Data Protection Regulation (GDPR). The Commission focused on, in particular, two themes in its evaluation, being (1) international data transfers and (2) the cooperation and consistency among the European supervisory authorities. As to the latter, the Commission is of the opinion it should definitely be improved. With regard to international data transfer the Commission focuses on the review of current adequacy decisions and ‘modernising’ the existing data transfers mechanisms, including Standard Contractual Clauses. Particularly interesting is that the Commission refers in this respect, to the Schrems II judgment of the European Court of Justice (“ECJ”)[1], expected on 16 July 2020.