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European Commission adopts new tools for safe exchanges of personal data

On 4 June 2021, the European Commission released two sets of standard contractual clauses to facilitate data sharing:

  1. For use between controllers and processors;
  2. For the transfer of personal data to third countries.  

These two contractual clauses reflect new requirements under the General Data Protection Regulation (GDPR) and take into account the Schrems II judgement of the Court of Justice. Otherwise put, the two clauses ensure a high level of data protection for citizens. In addition to guaranteeing more safety around data sharing, the clauses offer more legal predictability to EU businesses and help Small- and Medium-sized Enterprises (SMEs) in ensuring compliance with requirements for safe data transfers, whilst allowing data to move freely across borders without legal barriers.

Examples of the main innovations generated by the two new standard contractual clauses are:

  • One single entry-point that covers a broad range of transfer scenarios instead of separate sets of clauses;
  • More flexibility for complex processing chains through a ‘modular approach’;
  • The possibility for more than two parties to join and use the clauses.

For more information, read the European Commission’s press release on the new tools for safe exchanges of personal data.

The Advanced Technologies for Industry (ATI) project focuses on the advanced technologies that will enable and help industries to successfully manage a shift towards a digitalised, low-carbon and knowledge-based economy. In this regard, the ATI website publishes policy briefs about national and regional policy measures focused on a specific policy challenge, technological area or mode of implementation and reports such as Technology Focus on Data Sharing that focuses on the evolution of data and data sharing as an advanced technology that fosters the digital transformation of Europe.

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