ADGM: ODP adopts new SCCs for data transfers
The Abu Dhabi Global Market ('ADGM') Office of Data Protection ('ODP') announced, on 11 August 2021, that it had adopted new Standard Contractual Clauses ('SCCs') for data transfers outside of the ADGM. In particular, the new SCCs reflect enhanced requirements in the Data Protection Regulations 2021 and repeal the 2015 transfer permits, which will no longer be issued. Furthermore, the ODP outlined that the SCCs cannot be amended by either party involved and that they are closely aligned with the EU's recently published SCCs. Moreover, the SCCs support various new features such as, among other things:
- promoting interoperability through consistency with international best practice;
- a more flexible approach in one document containing modular provisions;
- covering a broad range of transfer scenarios; and
- making it possible for more than two parties to accede to the SCCs.
To support the SCCs, the ODP has also released Circular No. 2 of 2021 repealing permits and clarifying the transition period for the SCCs. Moving forward, the Circular highlights that new ADGM entities will be given a six-month transition period until 14 February 2022 to either update existing SCCs or comply with an appropriate transfer condition of the Regulations.