New GDPR Standard Contractual Clauses – the impact on businesses in Mainland China and Hong Kong

September 2021

There has been much uncertainty about cross-border data transfers following the much publicised Schrems II decision in the Court of Justice of the European Union (“CJEU”) on 16 July 2020. In order to satisfy their safeguard obligations under Article 46(1) of the General Data Protection Regulation (“GDPR”), some businesses have chosen to implement the European Commission’s (“the Commission”) pre-approved standard contractual clauses into their agreements. To add to the changing landscape, these standard contractual clauses are also being updated.