Standard Contractual Clauses (SCCs) Generator

BRYTER no-code platform enables your company to mitigate legal risk exposure by automating data transfer agreements that are complete with the latest recommendations from EU institutions. 

By replacing manual drafting processes, the SCC Generator increases the pace at which your company can conclude data transfers and process data for business operations. BRYTER SCC Generator can populate any legal template in use for transfer agreements, making it suitable for any industry requirements and your organisation’s internal practices. 

Background

Technological developments have facilitated cross-border flows of data necessary for the expansion of international cooperation and international trade. This has also increased the need for regulators to ensure an adequate level of protection for data subjects. 

In the absence of an adequacy decision of the European Commission pursuant to Article 45(3) of Regulation (EU) 2016/679, data transfers from the EU to third countries must follow Article 46(1) of that Regulation. Under this decision, a “controller or processor may transfer personal data to a third country only if it has provided appropriate safeguards, and on the condition that enforceable rights and effective legal remedies for data subjects are available.” 

The CJEU in Schrems II confirmed, in principle, that businesses can achieve this through implementing European Commission endorsed Standard Contractual Clauses (SCCs) in data transfer agreements. 

Without the use of SCCs, supervisory authorities hold the power to suspend data transfers indefinitely. This could negatively impact an organization’s global operations and slowdown critical supply chains. Furthermore, it exposes companies to the risk of litigation by data subjects and subsequent investigations which could culminate in fines of up to €20 million.  

As industries digitalise and reliance on cross-border data flows increases, having updating agreements becomes imperative to compliance and business. 

When to use SCCs

Parties need to sign SCCs where data is transferred from the EU to third countries that lack an adequacy decision. Before companies adopt SCCs, a mandatory Transfer Impact Assessment (TIA) must be conducted. This requires exporters of data to review the data privacy laws of the importing nation. Such an assessment has been automated in the interactive BRYTER data transfer Contract Risk Assessor.

Automating SCCs

Once the TIA is complete, users can develop a self-service app with the BRYTER no-code building platform that uses conditional logic to create a legal document unique to each user’s choices. Through a customizable and interactive questionnaire, the user selects or inputs the relevant information to populate the SCCs, streamlining its creation. At each stage, the user has access to guidance on how to answer the questions while being able to witness any modifications made to the document. This ensures accuracy throughout the process.

To see how BRYTER can help you build your own workflow automation, book a demo with one of our experts. Alternatively, read our No-Code and Legal Operations guides to find out how to streamline your processes.