Despite the loss of some legal protections afforded by the Safe Harbor framework and Privacy Shield, businesses may still derive benefits and continued legal protections from actions they may have taken as necessary to comply with the Safe Harbor and Privacy Shield requirements. All of these activities demonstrate that a business takes privacy seriously and might be used as evidence to support a defense against any claims or government investigation as to lax privacy and data security practices. This will however not be the case where a business who certified compliance with the Safe Harbor framework or Privacy Shield did not actually implement the required actions. Model Contracts-Standard Contractual Clauses (SCCs) The GDPR allows for the use of so-called “model contracts” or Standard Contractual Clauses (“SCCs”). A business that uses SCC’s that have been approved by the European Commission in their agreements concerning the transfer of personal data to countries outside of the EU may be deemed to have adequate data privacy safeguards. [For more information on how to use these “model contracts” see Standard Contractual Clauses (SCCs)] . Model contracts remain, for now, a viable option but have been under fire by privacy advocates in Europe who view them like the now invalidated Safe Harbor program and Privacy Shield. On June 4, 2021, the European Commission issued two new sets of SCCs: (i) one for the processing of personal information between data controllers and data processors who are subject to the GDPR, and (ii) one for the transfer of personal information outside of the European Union (“EU”). The GDPR lays out specific, compulsory clauses that are required to be in contracts between data controllers and data processors, where such data processors process EU personal information on behalf of such data controllers. These compulsory clauses, as well as other recommended clauses, have been assembled by the European Commission for the convenience of the parties into one document: these Set One SCCs. These
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