The Data Brief

A monthly data protection bulletin from the barristers at 5 Essex Chambers

International Data Transfer Agreement and Guidance

23 February 2022

On 2 February 2022, the Secretary of State for Culture, Media and Sport laid before Parliament the International Data Transfer Agreement (“IDTA”) and the international data transfer addendum to the European Commission’s standard contractual clauses for international data transfer (“Addendum”).

Subject to Parliament’s objection, the documents come into force on 21 March 2022 and may be used immediately. The old SCCS may continue to be used in contracts concluded on or before 21 September 2022, being deemed to provide appropriate safeguards for the purpose of Article 46(1) UK GDPR until 21 March 2024 (see IDTA transitional provisions).

Organisations may use the IDTA or the Addendum. The Addendum is a bolt on to the new EU SCCS. There is no requirement in either case to use these forms or even every clause. The wording may be incorporated into other agreements.

The ICO intends to publish clause by clause guidance on the IDTA and the Addendum.

Further reading

IDTA

IDTA transitional provisions

ICO statement on IDTA

The Data Brief

A monthly data protection bulletin from the barristers at 5 Essex Chambers

The Data Brief is edited by Francesca Whitelaw KC, Aaron Moss and John Goss, barristers at 5 Essex Chambers, with contributions from the whole information law, data protection and AI Team.

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