What can be concluded from the updated SCCs is that the European Commission’s intention is to provide the higher protection standard, to the persons whose personal data are being processed, as well as the possibility to easily exercise their rights in case of any breach of the personal data.
In this regard, SCCs clearly define the liability of data importers and exporters, and even sub-processors in relation to the data subjects, all depending on which party caused material or non-material damage to the data subject. In addition, the data subject whose rights have been violated can choose when to initiate proceedings, if both or more parties are responsible for the damage, and thus facilitate the procedure of compensating for any damage.
That is why it is important to correctly define the applicable law and jurisdiction for resolving disputes, because you may be sued by a person whose data has been violated and are therefore obliged to compensate the damages. If you are compensating for damages for which you are not solely responsible, you will certainly want part of the responsibility to be borne by the company with which you shared the data and which may have contributed equally or more to the damage. In order to be able to initiate appropriate proceedings against the other party or your sub-processor at a later stage, it will be crucial to decide in which country you will be able to exercise your rights and what will be the applicable law.
Therefore, it is crucial to properly decide on the court jurisdiction that would resolve the dispute between you and the other party, but also the applicable law that will apply to resolving that dispute. The interesting fact is that the updated SCCs provide for a wider range of possibilities regarding stipulation of the jurisdiction and applicable law, in the sense that parties are not anymore limited by the registered seat of the data exporter, but can stipulate the jurisdiction of any EU Member State, and for Module 4, even the jurisdiction of a non-member state.
It is recommended that when deciding and conducting negotiations, you should consider all key factors, from the role you take in a particular case, starting from Your position in the case, laws, and practice of the country of the applicable law, potential expenses for the litigation of the jurisdiction for dispute resolution, etc.