Some transmissions to the US will already be made on a Belt and Braces basis under both the EU Data Protection Shield and sccs, allowing them to easily use kiCs, subject to the completion of a transmission impact assessment, as indicated above. Data subjects as third party beneficiaries: The new CPCs (like the old CPCs) provide that data subjects can directly apply many of the provisions of the SCCs. This increases the parties` exposure to potential data protection disputes. Data subjects may also request copies of SCCs subject to certain blackening. Modular – with additional forms of data transmission: the updated SCCs provide modules that allow controller-to-command and controller-to-processor data transmissions (as well as processor-to-controller and processor-to-processor transmissions, new forms that were not provided for in the old CPCs). These additional forms will be beneficial in complex processing chains where the old CPCs may have been too rigid. The General Data Protection Regulation, which entered into force in May 2018, introduces stricter rules for the processing of personal data and expands their territorial scope well beyond the EU`s borders. This guide summarizes the GDPR requirements for the cross-border transfer of personal data from an EU country to a third country and the steps your organization should take to comply with the GDPR. The shutdown will also have a significant impact on data transfer after Brexit, at the end of the current transitional period at the end of the year. On that date, the United Kingdom becomes a third country within the meaning of the GDPR.
As regards future transfers, the European Data Protection Board (“EDPS”) presented in November 2020 guidelines for the implementation of an TIA – Recommendations 01/202 on additional measures to transmission instruments to ensure compliance with the EU level of protection of personal data and Recommendations 02/2020 on essential European safeguards for supervisory measures (the “Recommendations”). However, the recommendations are not yet finalised and the EDPS will soon make final recommendations. An important outstanding question is whether the EDPS (like the new CSCs) will allow companies to take into account their own specific experience with regard to state access requests under a TIA (e.g. B whether or not the company has received such requests in the past. UK officials shall cooperate with these countries and territories in order to make, as far as possible, specific arrangements for transfers to the United Kingdom. Below you will find links to the most up-to-date information on specific regulations in the different areas (if available) in the “Other Resources” field. the implementation of appropriate “transmission due diligence” vis-à-vis customers and suppliers in relation to possible data transfers; Where appropriate, new SCCs agree with customers, suppliers and associated companies and renegotiate accompanying commercial agreements (including, where appropriate, limitations of liability and indemnification). Pending the completion of a data transfer framework to replace the existing US-EU Safe Harbour Convention, US-based multinational employers should monitor the situation and consider alternative methods for the legitimate transfer of workers` personal data from the EU to the US. . .