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Denmark: Datatilsynet makes changes to its SCCs
On March 4, 2024, the Danish data protection authority (Datatilsynet) announced that it had made changes to the provision in its Standard Contractual Clauses (SCCs) regarding the inclusion of data controllers as beneficiary third parties in the event of a data processor's bankruptcy. In particular, the provision is optional to be included in the data processing agreement, and according to the Datatilsynet, the wording of the provision is more aligned with the corresponding provision in the European Commission's modernized SCCs from June 4, 2021.
Impact of the changes to SCCs
According to the Datatilsynet, the changes in its SCCs do not mean that agreements concluded with the previous version of SCCs become invalid. The Datatilsynet stated that it would continue to accept such SCCs but will assume that the wording of the SCCs does not deviate from the standard. Additionally, the Datatilsynet emphasized that data controllers are still responsible for ensuring that data is adequately protected in cases where the data processor has gone bankrupt.
You can read the press release, only available in Danish, here and the SCCs here.
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