Germany: The New SCC and the EDPB Guidance – What Should Companies Now Do?

Dr. Christian Schröder and Shannon Yavorsky, partners in Orrick’s Cyber, Privacy & Data Innovation Group, will discuss how to practically implement the new Standard Contractual Clauses (SCCs) issued by the European Commission in early June and the expected final European Data Protection Board (EDPB) guidance on international data transfers.  

Since the Schrems II ruling from the Court of Justice of the European Union in July 2020, businesses around the world have struggled to determine how and when they are permitted to transfer personal data out of the European Economic Area. In November 2020, the EDPB issued initial draft guidance on cross border data transfers to help companies better understand the implications of the Schrems II ruling. At the same time the European Commission published the long anticipated draft SCCs. However, these documents provided limited clarity to businesses managing international data transfers. In early June, the European Commission issued the final sets of the SCCs and the EDPB is expected to issue its final guidance on international data transfers shortly.

Christian and Shannon will provide hands-on advice which includes a workshop like discussion of specific processing cases and the technical, organizational and contractual measures businesses should consider. Fellow speakers include Alexander Filip, Head of the International Privacy at the Bavarian Data Protection Supervisory Authority for the private sector and David Rosenthal, Head of Privacy at Vischer in Zurich, Switzerland.