Deadline for updating model contracts to process international transfers of personal data outside the UK

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Companies which rely on standard contractual clauses to transfer personal data from the UK to jurisdictions which are not considered to provide an adequate level of data protection under the UK General Data Protection Regulation cannot no longer use the old EU standard contractual clauses in New contracts to date Wednesday, September 21, 2022.

Instead, companies should use the international data transfer agreement (the “IDTA”) or the amendment on the international transfer of data the European Commission’s Standard Contractual Clauses (the “UK Addendum”) which have been approved for this purpose by the UK Information Commissioner’s Office and came into force on 21 March 2022. You can read more information on both documents in our client alert.

In practice, companies must update all model contracts (eg with customers or suppliers) that incorporate the old EU standard contractual clauses and replace them with the IDTA or the UK addendum.

Companies should also review their existing contracts that still use the old EU standard contractual clauses and identify those that will need to be renegotiated by December 27, 2022 (to include the European Commission’s new standard contractual clauses for transfers of personal data outside the European Economic Area) and March 21, 2024 (to include the IDTA or UK Addendum for transfers of personal data outside the UK).

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