Regulatory Updates
Cross-Border Data Transfers After the Latest SCC Revisions
In short: The clauses changed; the obligation to actually assess the destination did not. Re-papering without re-assessing is the common, costly mistake.
The clauses changed; the obligation to actually assess the destination did not. Re-papering without re-assessing is the common, costly mistake.
Transfer impact assessment
The assessment of whether the law and practice of the destination country undermine the protection the clauses promise. Signing the clauses does not discharge it.
Re-papering is not re-assessing
The clauses themselves are published in Commission Implementing Decision (EU) 2021/914. Updating the paperwork without revisiting the underlying assessment is the mistake that shows up in enforcement.
The pragmatic move is to decide the standard once, document the reasoning, and revisit only when a primary source actually moves. That keeps the work defensible and stops the team re-litigating settled questions every quarter.
Primary sources
Common questions
- Do we need a new assessment if only the clauses changed?
- Yes, in substance. The clauses are the instrument; the assessment of the destination is a separate, continuing duty.