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Hunton summarises two articles from the new SCCs: the 'local laws and government access' section

Summary

Under Clause 14 of the Data Transfer SCCs, the data importer must carry out a transfer risk assessment to verify whether the laws and practices of the receiving third country could prevent the data importer from complying with the Data Transfer SCCs. If the risk assessment shows that the Data Transfer SCCs alone will not ensure an essentially equivalent level of protection for the personal data in the receiving third country, supplementary safeguards will need to be implemented, such as end-to-e

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How it connects

Guidelines 05/2020 consent under Regulation 2016/679 Guidelines on consent Guidelines ·EDPB May 4, 2020 Consent Data Portability Personal Data
Guidelines 2/2018 derogations of Article 49 under Regulation 2016/679 Guidelines on derogations of Article 49 Guidelines ·EDPB May 25, 2018 Privacy Shield Lawful Basis Legitimate Interest
Guidelines 04/2021 Codes of Conduct as tools for transfers Guidelines on codes of conduct and monitoring bodies Guidelines ·EDPB Feb 22, 2022 International Transfer Processing Agreement Codes of Conduct
Guidelines 07/2022 certification as a tool for transfers Guidelines on certification and identifying certification criteria Guidelines ·EDPB Feb 24, 2023 Certification International Transfer Processing Agreement