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*Article originally posted on IAPP.org* The European Commission recently issued its decision approving revised standard contractual clauses for data transfers to third countries in the official journal. The new SCCs arrive at a critical juncture in the regulation of cross-border data transfers, as there is significant uncertainty in the market around how to address cross-border data transfer restrictions. What is the legal context for the introduction of the new SCCs? The new SCCs are a…

The new standard contractual clauses for data transfers to third countries (“Ex-EU SCCs”) and standard contractual clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”) issued by the European Commission provide for, both, chances and challenges for EU service providers supporting EU and non-EU customers, some of which are outlined below. 1. When do the Ex-EU SCCs apply? EU service providers supporting non-EU customers might want to enter into the new Ex-EU SCCs with…

*Article originally posted on IAPP.org* The European Commission recently issued its decision approving revised standard contractual clauses for data transfers to third countries in the Official Journal. The new SCCs are a mechanism companies can use to address the restriction under Article 44 in the EU General Data Protection Regulation on the cross-border transfer of personal data to third countries. Given the timing requirements in the commission’s decision, the U.S. and other service providers located in…

The European Commission (“EC”) recently issued its revised standard contractual clauses for data transfers to third countries (“Ex-EU SCCs”) and a companion set of standard clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”). Both are now published in the Official Journal. The following is an introduction to the core elements of the Ex-EU SCCs and a brief overview of the Intra-EU SCCs. Legal Context The Ex-EU SCCs are a mechanism that companies can…

On 16 July 2020, the European Commission announced the launch of a sector inquiry into the market for consumer products and services linked to the Internet of Things (IoT). The Commission defines IoT broadly. The sector inquiry is likely to cover any consumer facing system connecting physical or virtual objects to other objects or the internet. This includes smart home appliances and wearables (e.g., fitness trackers or smart watches). Commissioner Vestager says voice assistants are…

Delay of MDR Implementation and its Implications for Brexit The recent postponement of the Medical Device Regulation 2017/745 (“MDR”) means its full application will now fall beyond the end of the Brexit transition period. This could have a huge impact on the UK’s legal framework for medical device regulation after Brexit. Background The MDR repeals the existing Medical Device Directive 94/32/EEC (“MDD”). The MDR came into force on 25 May 2017, and originally, approved medical…