Survival Tips with Jonathan Armstrong of Cordery – SCCs for UK Data Transfers

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Matt from ESI Survival Guide and privacy expert Jonathan Armstrong discuss the practical use of standard contractual clauses to facilitate UK data transfers – particularly to the U.S.

Jonathan offers viewers a few survival tips:

SURVIVAL TIP #1 – If you are going to rely on SCCs, limit data where you can and rely on double due diligence where you cannot.

SURVIVAL TIP #2 – Cull in-country as much as you can. Ask the following questions:

1. Do we really need this particular data set transferred to the U.S.?

2. Is there a smaller subset of data that will be adequate for our purposes?  Can we locate the data in the U.S.? SURVIVAL

TIP #3 – With regards to email, if the recipients are in the U.S., you may not need the emails from senders in the EU/UK.

Following the above efforts to minimize the data set, with the remaining data that must be transferred, SCCs are likely the only game in town. Then you move to the double due diligence analysis.

SURVIVAL TIP! Remember to be realistic. There is no perfect solution, and as with most actions involved during discovery, you want to be able to show reasonable, best efforts not perfection. And remember to document your efforts!

#ESISurvivalGuide #UKdatatransfers #standardcontractualclauses #GDPR #Brexit #eDiscovery

For the full extended interview and more content visit

Stay safe out there in the electronic wilderness!

Written by Matthew Knouff

Matthew F. Knouff, Esq., CIPP/US, CEDS, RCSP, Sr. Solutions Consultant, Legility LLC Matthew has been navigating the ESI and data law wilderness for over fifteen years as an attorney, consultant and academic. He currently serves as a Sr. Solutions Consultant with Legility LLC., an award-winning global provider of eDiscovery and data management services and technology. He is an expert in eDiscovery law and process, global data privacy and the movement of data across borders. In addition to contributing to and holding leadership positions with several organizations dedicated to supporting the legal profession, he has developed numerous CLE programs and assessment tools, and frequently speaks and writes on various topics related to the intersection of data, law and technology. He holds the CIPP/US, CEDS and RCSP certifications, is an avid distance runner, an active board member with Education Through Music, a Tarheel through and through, a life-long musician and an obsessive autodidact. Matthew lives with his son in New York City.

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