November saw several welcome developments in the Data Protection sphere in the wake of the decision of the Court of Justice of the European Union (CJEU) in Schrems II. In an earlier article (access here), we reviewed the implications of these developments for international data transfers, and identified the nuances of the new standard contractual clauses (Draft SCCs) as set out in the Draft Decision published by the European Commission (Commission). The Draft SCCs were open for public consultation feedback for a period of four weeks which closed today, 10 December 2020.
William Fry welcomes the proposal for the Draft SCCs as set out in the Draft Decision. We recognise that they are a response to changes in the regulatory framework around data protection compliance. We are also cognisant of the balance required to ensure the smooth flows of personal data mandated by practical business needs in a globally integrated digital economy, and EU data protection requirements. However, William Fry made the following submission to the Commission highlighting the unique position of Ireland in the wider lens of GDPR and international data transfers. We submit that the Commission should take into account the following when finalising the Draft SCCs:
- certain language used in the Draft SCCs in the context of laws relating to third party beneficiaries; and
- the obligations imposed on data importers directly to controllers even where no previous contractual relationship exists.
Read our full submission to the Commission here.
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