Dr. Knott on he Impact of the new GDPR Standard Contract Clauses on Data Transfers to the US

Within the framework of the American Bar Association’s (ABA) Annual Meeting of the Business Law Section KUNZ partner Hermann Knott will address the legal implications of the new Standard Contract Clauses (SCC) promulgated by the EU Commission in early June under the GDPR (see our detailed contribution from 23.6.2021).

These terms and conditions serve  to ensure that appropriate data protection safeguards are in place as a ground for data transfers from the EU to third countries outside the EAA.. Absent an understanding on the government level in relation between the EU and the US the SCC are presently the most relevant instrument to ensure that the transfer of personal data will occur legitimately between those highly important global trading partners. The topic is of significant importance for all enterprises and other organizations involved in the transatlantic business. Already after their publication Hermann Knott had written an Article analyzing how under the SCC GDPR-compliant data transfers could be handled. Basically the SCC require that based on a documented assessment a safe transfer can be assured. Over a period of time and with statements of US Federal and state authorities more security can certainly be achieved in the near future.

Our competence areas "International Business" and "Business and Economy" will be happy to advise you on all entrepreneurial issues with national and international relevance.

Your contact for all international questions:

Dr. jur. Hermann J. Knott LL.M. (UPenn)
Partner
Attorney-at-Law (Germany and New York)
FCIArb
FHKIArb