How do I handle US transfers after Schrems II, with SCCs or the EU-US DPF?
For transfers outside the EEA you need a valid basis. The EU-US Data Privacy Framework works for vendors that joined; otherwise you fall back on Standard Contractual Clauses plus supplementary measures.
Try this first
- 1List vendors that route data outside the EEA. Cloud, email, marketing, support tooling, all candidates.
- 2Check whether each vendor is certified under the EU-US Data Privacy Framework. The official list lives at dataprivacyframework.gov.
- 3Not certified? Use the European Commission Standard Contractual Clauses and run a Transfer Impact Assessment for that specific flow.
- 4Document supplementary measures: encryption in transit and at rest, key management in the EEA, government-request policy.
- 5Update your privacy notice so you transparently state which data go where, and on what legal basis.
When to bring us in
If you handle special-category data or work for healthcare or government, leaning only on DPF without your own assessment is risky. Get a GDPR lawyer involved.
See also
- Does NIS2 apply to my company?Two questions decide it: are you in a listed sector, and do you meet the threshold from Recommendation 2003/361/EC (more than 50 FTE and more than EUR 10M turnover or balance sheet). Below that you are only indirectly in scope, via your customers. The threshold determines whether you are an important or essential entity depending on sector.
- What changes with the Dutch Cyber Security Act?The Cyberbeveiligingswet is the Dutch implementation of NIS2. Track NCSC for the exact effective date and the lower regulations.
- Am I personally liable as a director under NIS2?Yes. The board is accountable for approving and overseeing the cyber measures. Severe negligence can become personal.
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