Standard Contractual Clauses FAQ
Last updated: 13 October 2022
Who is the CJEU?
The European Court of Justice, is the EU regulatory authority charged with the following responsibilities: interpreting the law, enforcing the law, annulling EU legal acts, ensuring the EU takes action, and sanctioning EU institutions.
What is Privacy Shield?
Privacy Shield was the legal mechanism by which US companies could attest to having sufficient measures in place to ensure the safe transfer of information between the EU and US.
What is the Schrems II decision?
Max Schrems is an Austrian activist and lawyer who filed a complaint against the Irish Data Commissioner alleging that Facebook Ireland was illegally sharing his personal data with the US government following revelations of Edward Snowden. This case was known as Schrems I and led to the CJEU invalidating Safe Harbor. As a result Facebook began to rely on Standard Contractual Clauses (SCCs) for their transfer mechanism. This prompted Schrems to amend his original complaint, arguing that the original version of the SCCs was not sufficient to protect the rights of data subjects, and as a result the CJEU issued the Schrems II, placing additional requirements on companies using the SCCs to third countries outside the EU.
When do the new SCCs go into effect?
The CJEU’s decision went into effect on June 27, 2021. At that point company’s like Butterfly had until September 27, 2021 to update their SCCs for new customers, and until December 27, 2022 to update their SCCs for legacy customers.
How do I accept the updated SCCs?
Please reference the email that was sent to you from Butterfly Legal. In that email there is a link that will take you to the new SCCs, and you can complete a few details and accept those terms in that link. If you have not received this email, please reach out to email@example.com.
I don’t have signing authority for my organization, what now?
Please forward the email you received to the appropriate individual at your organization and ask them to review and accept the new SCCs.
Why have I received more than one copy of the SCCs?
In an effort to ensure compliance with the CJEU, we’ve sent customers who have more than one cloud account, or have purchased more than once additional SCCs to sign. This may mean that you’ve received more than one email asking you to sign additional SCCs, please sign all SCCs you’ve been sent.
What about the Biden administration’s executive order regarding transatlantic data-transfer?
We are closely following the developments surrounding the Biden administration’s executive order on transatlantic data transfers, and we will update our customers as the situation evolves.
Who can I reach out to with additional questions?
If you have additional questions about the SCCs please reach out to firstname.lastname@example.org. If you have questions about anything else, please reach out to email@example.com.