What Happens When a New Party Accedes to the SCCs? Are Any Additional Formalities Required?

ANSWER

Once a new party accedes to the SCCs, it assumes all rights and obligations under the clauses in accordance with its role (e.g., data exporter or data importer, controller or processor).

At the same time, the existing parties acquire the corresponding rights and obligations in relation to the new party (e.g., obligations to assist in responding to data subject requests, where applicable).

The annexes to the SCCs must be updated whenever new parties are added. For example, following the accession of a new party, the annexes should be amended to:

• identify the new party or parties and their respective roles;
• update the description of the relevant data transfers, where necessary; and
• update the description of the technical and organizational measures applied, where appropriate.