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New requirements for transferring personal data from Europe: a detailed analysis of the new draft Standard Contractual Clauses published by the European Commission

By Mark A. Prinsley, Oliver Yaros, Björn Vollmuth, Ana Hadnes Bruder, Reece Randall, Ondrej Hajda, Dr. Ulrich Worm & Dr. Guido Zeppenfeld, LLM on December 1, 2020
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On 12 November, the European Commission published draft standard contractual clauses for transfers of personal data from the European Union to third countries (“New SCCs“).

Once approved, the New SCCs will replace the previous standard contractual clauses which pre-date the implementation of the General Data Protection Regulation 2016/679 (“GDPR“). The draft New SCCs are open to consultation until 10 December 2020. It is expected that they will be adopted by the European Commission at the beginning of 2021.

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Photo of Mark A. Prinsley Mark A. Prinsley

Mark Prinsley is a partner and heads the technology practice in the London office, and is a member of the firm’s Cybersecurity & Data Privacy practice. He concentrates on technology transactions, in particular IT projects and outsourcing.

A substantial element of Mark’s practice…

Mark Prinsley is a partner and heads the technology practice in the London office, and is a member of the firm’s Cybersecurity & Data Privacy practice. He concentrates on technology transactions, in particular IT projects and outsourcing.

A substantial element of Mark’s practice involves data protection issues and he has worked extensively for clients in the pensions and financial services sector designing and implementing GDPR compliant systems for the collection and processing of personal data by businesses and related sub-contractors, commercial transactions involving data sharing and reaction to data breach scenarios including managing data breach notifications. Recent projects Mark has worked on involving personal data include working for an automobile manufacturer implementing a connected vehicle programme globally, a supplier of facial recognition technology on methods of marketing that technology in Europe in compliance with data protection laws and for an insurtech business licensing technology and services to enable life insurers to underwrite life cover for diabetics using AI.

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Photo of Oliver Yaros Oliver Yaros

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a…

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a particular focus on fintech and digital transformation projects, as well as clients operating within a broad range of sectors on data protection matters and cybersecurity incidents, intellectual property transactions and related issues.

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Photo of Ana Hadnes Bruder Ana Hadnes Bruder

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters…

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters, including preparing for and reacting to cyber-attacks, assessing and making required data breach notifications, analyzing data protection implications of new products and tools and providing strategic advice with a focus on cross-border data processing. Ana further advises on Technology Transactions including cloud services, data and software licensing agreements, SaaS agreements, software development projects, e-commerce, and related Cybersecurity & Data Privacy questions.

Ana is a registered lawyer in Germany and Brazil and has ten years of international experience as legal counsel in Brazil, France and Germany. Ana started her career at Mayer Brown in the Dispute Resolution practice where she represented clients in litigation and arbitration proceedings involving complex commercial, intellectual property and liability matters.

Before joining Mayer Brown, Ana gained experience representing foreign clients in judicial proceedings in Brazil and also worked as in-house counsel for a leading French company in Paris.

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Photo of Reece Randall Reece Randall
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Photo of Dr. Ulrich Worm Dr. Ulrich Worm

Ulrich Worm is a partner in the Frankfurt office of Mayer Brown and heads the German Intellectual Property practice. His practice focuses on technology related advice.

Ulrich advises clients in IP related matters, including patent, trade secrets, design right, trademark and copyright matters…

Ulrich Worm is a partner in the Frankfurt office of Mayer Brown and heads the German Intellectual Property practice. His practice focuses on technology related advice.

Ulrich advises clients in IP related matters, including patent, trade secrets, design right, trademark and copyright matters as well as on licensing, co-operation and other technology transfer agreements. He represents clients in patent infringement and nullity proceedings and in trade secrets litigation cases before courts in Germany. In addition to litigating IP cases before German courts, he coordinates pan-European and cross-Atlantic litigation cases. Further to his IP litigation practice, Ulrich advises on patent related matters such as patent license and other technology transfer agreements and is experienced in fighting counterfeiting of patent, design right and trademark protected products.

His practice further covers IT-related matters, including advising on cloud services, software licensing agreements, SaaS agreements, software development projects, e-commerce, and related data protection and privacy questions.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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