The Data Compliant Blog

What are SCCs?

Standard contractual clauses are standardised, pre-approved model data protection clauses, which allow controllers and processors to meet their obligations under EU and / or UK data protection law. They are widely used as a tool for data transfers to third countries (which means those countries outside the EEA or the UK who do not have adequacy status).

Can I change the text?

The core text can not be changed. If parties do change the text themselves, they will no longer have the legal certainty offered by the EU act.

How could it have been avoided?

Uber could have used Standard Contractual Clauses to transfer its personal data to the US.

What does this mean for others?

This gives an indication of how significant data transfer mechanisms and risk assessments are. Uber intends to appeal the fine and the outcome of the appeal will be of interest to many businesses. The 2020 EU Court ruling that invalidated Privacy Shield really left a great deal of legal uncertainty over how to continue the data flows that were already in place.

What to do next?

These social engineering attempts are becoming increasingly sophisticated, making them hard to detect. And it’s too easy to fall into their trap. Remember, if you DO click on a malicious link, or enter your password details in a site which looks suspicious …. don’t just pretend it didn’t happen. It is crucial that the error is immediately reported to your line manager or IT department.