Is it possible to transfer data to third countries without concluding SCC as long as the GDPR applies to processing by the recipient? A closer look at recital 7 of the new SCC decision by Philipp Quiel & me.

Sentence 2 and 3 of recital 7 of the European Commissions’ newly released SCC (Decision (EU) 2021/914) for the GDPR have raised one heavily debated and not so easy to answer question stipulating from the scope of applicability of the SCC referred to in recital 7. This question is the following: is it possible to transfer data to third countries without concluding SCC as long as the GDPR applies?

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