UW Privacy Office

September 27, 2021

September 27 Deadline Looming for EU Standard Contractual Clauses

Source: Alston & Bird Privacy, Cyber & Data Strategy Blog

September 27 Deadline Looming for EU Standard Contractual Clauses

From that date (September 27th, 2021), controllers and processors can no longer enter into the European Commission’s ‘old’ SCCs; they can only use the modernized SCCs that were published last June.

Contracts concluded before September 27th, 2021 on the basis of the European Commission’s ‘old’ SCCs will still be deemed to provide appropriate safeguards within the meaning of the EU GDPR until December 27th, 2022 (provided that the data processing captured by the contract remains unchanged)…However, all controllers and processors relying on ‘old’ SCCs that were entered into before September 27th, 2021 will eventually be required to upgrade to the modernized Clauses, or switch to an alternative data transfer mechanism (e.g., Binding Corporate Rules), by December 27th, 2022.