If your U.S.-based company collects or otherwise has access to the personal data of European residents, you may be asked by your European clients or U.S.-based clients who give you access to such data to complete a “Schrems” questionnaire to assess potential exposure to U.S. surveillance and other laws, such as FISA 702 or EO 12333. The purpose of this request is to enable the completion of a Transfer Impact Assessment (TIA).

At long last, the new standard contractual clause (SCCs) are here!

Since the adoption of the General Data Protection Regulation (GDPR), U.S. companies have invested a great deal of time and money in their compliance efforts; yet for many, their work is far from complete. For U.S. data importers, the July 2020 invalidation of the EU-U.S. Privacy Shield has left former “self-certified Shield” companies forced to find a new mechanism by which to lawfully transfer EU data into the U.S. Many of these companies will likely adopt the new set of standard contractual clauses (SCCs), once they are finalized by the European Commission.