New EU Standard Contractual Clauses

The new SCCs consist of a modular set of clauses for each of the following areas:

• Controller-to-controller transfers (C2C module 1)
• Controller-to-processor transfers (C2P module 2)
• Processor-to-Processor Transfers (P2P Module 3)
• Transfers between processor and controller (P2C module 4).

In this respect, the new SCCs are a clear improvement over their predecessors, which did not consider P2P or P2C data transfers and thus provided many data-exporting organisations with limited (or no) means to achieve legal compliance for these types of data transfers.

In simple terms, the data exporting parties choose the module that is applicable to the type of their exports and use only the clauses intended for that module. What sounds simple can be cumbersome in practice; because all clauses are entered as options in the continuous text of one and the same document.

Therefore, we have created a version of the SCCs using the DocIQ software, where you can select the desired module and, based on that, dynamically fill in all the text fields and options in a form. The form is located right next to the text. The text adjusts accordingly in real time. This saves a lot of time and helps to avoid mistakes.

To activate your access free of charge, please send a short e-mail to: info@lauxlawyers.ch

After your successful registration, the process continues as follows:

• You will see various templates in the library of the “SCC” workspace.
• When you double-click one of the templates, a new document is generated in your private library. Only you will see this document. We do not have access to it.
• You can select all the modules and preset options in the data entry mode and then save them.
• The captured data and selected options will have a direct impact and amend the document dynamically.
• It is recommended to first create your own templates for the various modules, fill in the already known data in advance and save the file. If you want to use these templates, make a copy from the template, rename it and insert the remaining data.
• You can share the document with additional people via Recipients & Signatories by entering their email address, assigning the appropriate permission, and selecting whether or not the person should sign the document.
• If you need assistance, you can also invite an Advisor from Laux Lawyers in the document at any time (Recipients & Signatories >> Add a new Recipient >> Select a Member >> Grant Rights >> Send)
• The EU SCC’s can be finalized via DocIQ including all the applicable annexes (such as the one for the technical and organizational measures).
• If you want to make adjustments to the document yourself, we recommend exporting it as a PDF and then editing it with Acrobat Reader or MS Word. The export via . doc leads to formatting errors in the current version.

You are also welcome to watch the individual steps in this short video:

If you have any questions or comments, we are very happy to assist you via info@lauxlawyers.ch.