Hyland and new EU standard contractual clauses
This webpage addresses Hyland’s ongoing commitment to data privacy in response to the European Commission’s new standard contractual clauses.
In June 2021, the European Commission published two new sets of standard contractual clauses (new SCCs).
The new SCCs are aligned with the General Data Protection Regulation (GDPR) and include terms in response to the Schrems II ruling. The new SCCs replace the prior SCCs that were developed under the GDPR predecessor, the EU Directive 95/46/EC.
In response to the new SCCs, Hyland has revised its data processing agreements. Additionally, please see the FAQs below to learn more about Hyland’s transition to the new SCCs.
Q: When are the new SCCs required for data transfers to third countries?
A: The new SCCs (or other adequate transfer mechanisms) are required for the transfer of personal data from the EU to third countries that do not offer an adequate level of data protection, as determined by the EU Commission. Countries deemed to have an adequate level of data protection in place can be found here.
Q: What if my organization has existing SCCs in place with Hyland?
A: Organizations can continue to rely on the old SCCs as an adequate transfer mechanism during a transition period that ends on Tuesday, December 27, 2022.
Q: Can the new SCCs be negotiated?
A: No. The text of the new SCCs cannot be negotiated or modified. However, the parties can include the SCCs in a wider contract and/or add additional clauses or safeguards, provided that the additional clauses do not contradict the SCCs or prejudice the fundamental rights or freedoms of data subjects.
Q: Do the new SCCs address the Court of Justice of the European Union Schrems II decision?
A: Yes. The new SCCs include terms addressing local laws and obligations in the case of access to EU personal data by public authorities.
Q: How is Hyland helping its customers comply with the new SCC requirements?
A: Hyland has updated its customer data processing agreement to reflect the new SCCs. Hyland’s Customer GDPR Data Processing Agreement is available for execution here. Customers should have their HSI Number to complete the signature process. Once executed, Hyland will return a countersigned agreement to the customer.
Q: What is Hyland’s implementation plan for the new SCCs?
A: For the remainder of 2021, Hyland will focus on ensuring compliance for new customers entering into SCCs for the first time with Hyland, as well as ensuring that its vendors meet the same obligations. Beginning January 2022, Hyland will focus its efforts on existing customers wishing to transition to the new SCCs prior to the Tuesday, December 27, 2022 transition deadline.
Q: I have a question about Hyland’s SCCs, my data processing agreement, or data privacy. Whom should I contact?
A: Please contact [email protected].