International transfersLitigation
SCCs and CoCs and BCR – Untangling the Web and Spotting the Difference
Under GDPR, data export to third countries is only permitted if the conditions under Chapter 5 are met. The adequacy decision by the commission according to art. 45 GDPR is the Chapters silver bullet. If, for lack of an adequate level of data protection, the EU Commission has not issued such an adequacy decision, the GDPR provides, among others, three alternative legal data protection tools in art. 46 and 47 GDPR: Standard Contractual Clauses (SCCs), Code of Conducts (CoCs) and Binding Corporate Rules (BCRs).
26 November 2021