Develop Additional Guarantees For Standard Contractual Clauses (SCCS)
According to the General Data Protection Regulation (GDPR), standard contractual clauses (SCCs) ensuring appropriate data protection safeguards can be used as grounds for data transfers from the EU to third countries.
This includes standard contractual clauses– that have been “pre-approved” by the European Commission.
2B Advice data protection and legal experts bring you the peace of mind that you are handling important data processing and data transfers in accordance with appropriate regulations such as the GDPR.
Oftentimes, the “pre-approved” SCCs are not sufficient for your particular business and require drafting of additional guarantees. Work with 2B Advice’s team of experts to tailor standard contractual clauses (SCC) to your business needs.
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Depending on the country data flows to, SCCs can be used as framework to ensure data and data subject safety. In certain situations, SCCs are proven to be not sufficient. It is well known that transfer of data to countries, such as US, where the local legislation is proved to be in conflict with the requirements of the GDPR cannot be based just on SCCs.
Additional guarantees will be written to maximize compliance based on your Company’s countries of operation.
SCC Solutions for Companies
- Work with 2B Advice’s team of experts to tailor standard contractual clauses (SCC) with annexes to suit to your business needs.
- Draft appropriate standard contractual clause (SCCs) annexes, or guarantees, with regards to transfer of data between the USA and (EU Country).
- SCCs with be drafted with additional guarantees in such a way as to fulfill minimum requirements set out by the Court of Justice (C-311/18) with appropriate additional guarantees.
- If the data migration includes a third country data transfer, we highly recommend this effort be accompanied by a Data Transfer Impact assessment (DTIA).
Benefits of SCC
- Strengthen SCCs and make them more binding with the use of Addenda where there are cross border data transfers.
- Addendums include clauses for mitigating the risks for the data while in transit, at rest and during the processing.
Privacy Risk Assessments from 2B Advice
Understanding your areas of privacy risk is a complex journey and 2B Advice Privacy experts are here to help you. Often it is helpful to start with a Privacy Impact Assessment to get an overall idea of your areas of risk; or if cross-border data transfer is a key requirement, you might begin understanding your areas of risk with a Data Transfer Impact Assessment.
If digital transformation a key initiative, then you could start with a Cloud Migration Impact Assessment. Our risk assessments may be run as a single activity, in parallel, or in sequence as you progress on your privacy compliance journey.
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