Following their update by the European Commission on June 4, 2021, the Standard Contractual Clauses (SCC) are no longer valid and can no longer be used from December 27, 2022.
In its ruling of July 16, 2020, the Court of Justice of the European Union authorized the use of Standard Contractual Clauses in the context of data transfers to a third country, whether the United States or another country.
However, it clarified that the data importer and exporter are required to assess the legislation of the third country. In other words, they must ensure that such legislation provides the level of protection required by European Union law.
As of December 27, 2022, any old standard contractual clauses may no longer be used in the context of data transfers outside the EU. This includes standard contractual clauses that were signed before June 2021.
