Standard Contractual Clauses (“SCCs”) are an approved mechanism for the transfer of personal data from the EEA to a third country (non EEA Country). Their purpose is to ensure that the protections attaching to EEA personal data travels with that data.
SCCs seek to solve gaps between the GDPR and destination countries’ regimes in terms of:
- Ensuring the personal data is afforded the same level of protection it is in the EEA; and
- the rights of the person to whom the data relates e.g. ensuring an EEA individual can exercise their GDPR rights in respect of the data even though the data has left the EEA.
In June 2021 the European Commission published “new SCCs” which take account of the global transfer of data and ensure sufficient safeguards of personal data, in particular taking into account the decision of the EU Court of Justice (CJEU) delivered a ruling in the case known as Schrems II (C-3111/18) (Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems),
For ICON suppliers
In order for ICON and its suppliers to be compliant with its personal data transfer obligations, ICON have selected modules 2 and 3 from the 2021 SCCs template, namely controller to processor and processor to processor, to deal with the scenarios where ICON is the data controller and where ICON is acting as a data processor for a data controller client. ICON has completed the annexes based on its existing arrangements and contracts with suppliers.
ICON has also incorporated reference to Swiss transfers and the UK Data Transfer Agreement Addendum to allow transfers of personal data from UK and Swiss based data subjects as well as EEA data subjects citizens.
By continued engagement with ICON post 27 December 2022, including the provision of services to ICON, you have agreed to be bound and the following agreements (2021 SCCs, including Swiss transfers and the UK Data Transfer Agreement Addendum (“Transfer Agreement”)) are deemed to have been executed by You. The Transfer Agreement is available here.
The Transfer Agreement shall automatically be deemed to be part of any and all contracts, agreements between You (Supplier) and ICON.
If you identify any issue with complying with the Transfer Agreement please reach out to us.