New EU Standard Contractual Clauses
On 12 November 2020, the European Commission has published a draft of the updated Standard Contractual Clauses (Link). These clauses allow the transfer of personal data to third countries that do not offer an adequate level of data protection, as compared to the countries of the EU / EEA. The clauses are relevant for Swiss companies, too. The European Commission accepts feedback to the drafts until 10 December 2020.
The European Commission now distinguishes between four different modules. Together, these modules address the following data transfer scenarios:
- controller to controller
- controller to processor
- processor to processor, and
- processor to controller
The new clauses are a step forward in terms of content, as compared to the Standard Contractual Clauses currently in force. The modules permit for a differentiated approach. However, the presentation of all modules in a single 29-page document makes the draft confusing to read and hard to understand. We have disentangled the modules and have loaded them into our docIQ instance, to which we give access for free. You can compare the four contract versions with a mouse click and export them as PDFs.
In addition, in the interactive version of the software-based presentation we offer, you have the possibility to fill the blanks and fully customize the agreements with all the options offered by the updated Standard Contractual Clauses. For now, this is for your individual testing purposes, until the Standard Contractual Clauses become final, so that you can take a look at future changes today.
Both variants are available free of charge and are continuously updated so that you can use them in practice as soon as the wording is final. For details on the templates and how to use them, please refer to the short explanatory video:
If you would like to get free access, please write us a one-liner to info@lauxlawyers.ch. We will then activate your account..