“With Ment we enhance contractual compliance and release lawyers’ time into supporting the most critical cases.”Niina Koponen
Legal Counsel, Tietoevry
Tietoevry builds an SCC generator for company internal use
We are happy to share this story written by Legal Counsel Niina Koponen regarding their process on how to solve the challenge of creating custom SCC’s for Tietoevry’s internal use. The “pain”: 34 pages with variable content
On June 4th, 2021, the EU Commission issued new modernised set of standard contractual clauses (“SCC”) under the GDPR for data transfers to 3rd countries. Tietoevry Legal had the responsibility to review the SCCs and to implement them into Tietoevry group’s contracting processes within the rather strict mandatory timeline.
The new SCCs introduce a modular approach with an individualized set of clauses for different transfer scenarios, comprising of 4 different modules in total. In addition, the new SCCs contain optional clauses, clauses where a selection needs to be made against certain parameters and annexes which require filling in on a case-by-case basis. Some of the clauses and annexes apply only to certain modules and some only partially.
All this complexity was published as one 34-page document. With our broad range of processing operations, all the modules needed to be considered both from sales and procurement perspective and from the perspective of controller and processor. Our first reaction when reviewing the SCCs was “How on earth will we be able to publish this in an understandable format to the rest of the organisation?”
The process: Feasibility, Design, Automation and Widgets
Quite quickly the idea of using Contract Mill to ease the implementation of the modules emerged. We had previous experience of Contract Mill from contract automation of our NDAs.
There were some SCC contract generators available online to generate the different modules of the SCCs, but we wanted to take this one step further with including also individualised practical instructions alongside the clause selections as well as implementing an easy way for filling in the annexes of the SCCs via the tool.
The objective was to enable stakeholders to fill in the relevant SCCs module in a guided “self-serve” way through Contract Mill with little to no training, so that the business owners could generate documents themselves with high quality.
First step in the process was a quick feasibility study done in July together with our legal design superstar Anne Rontu, who is also handling Contract Mill in our team. One selection criterion was Contract Mill’s Widgets: the Widgets allow the automated documents to be brought where the business owners work already. The Widgets are “buttons” that allow the users to generate automated documents without having access to Contract Mill, and consequently no training is needed.
After concluding that the tool’s functionalities and the objectives were aligned, we created the “source code” which would be used in the document automation.
- Identification and descriptions of Use Cases and connecting the correct module with the correct Use Case
- The identification and description of the Use Cases was an essential from the user journey perspective. With the Use Case we identified the correct contacting process (sales vs procurement) and the connected privacy roles of each party (who operates as the controller and who as processor or sub-processor, who is the exporter and importer of the personal data). Multiple different commonly occurring Use Cases were identified.
- Breaking the SCCs to individual modules and identifying the different clauses (types: mandatory, optional, selection, filling in) for each module
- Identifying the need for additional clauses per SCC module and creating a list per Use Case
- Identifying the annexes for each module and identifying the content type
- The Annexes were Tietoevry styled, and a more user-friendly presentation of the required informationwas made with e.g. tick-the-box options which were pre-through for the end user perspective.
- The relevant Tietoevry legal entities contact details and addressed were gathered to automate thisalso in the Contract Mill
- Creating the internal instructions for the end-user supplemented with hyperlinks to internal resources.
The solution: Improved compliance and time released for critical work
The whole process takes place in our company intranet, and the automated documents are brought there tothe correct Use Case with Contract Mill’s Widgets.
The automation of the SCC modules will greatly contribute to enhanced contractual compliance and will release lawyers time into supporting the most critical cases. We also hope it will empower our end users to feel secure in creating and signing these new agreements in a self-service manner.
I believe this feedback from one colleague sums it up:
“Greatest thanks for your detailed answer,
A lot of work has been done!
I tried to create one of the SCCs, and it was fantastic! 😊
May we use the tool for other types of contracts? Not only for SCC?”
Tietoevry creates purposeful technology that reinvents the world for good. We are a leading technology company with a strong Nordic heritage and global capabilities. Based on our core values of openness, trust and diversity, we work with our customers to develop digital futures where businesses, societies, and humanity thrive.
Our 24 000 experts globally specialize in cloud, data, and software, serving thousands of enterprise and public sector customers in more than 90 countries. Tietoevry’s annual turnover is approximately EUR 3 billion and the company’s shares are listed on the NASDAQ exchange in Helsinki and Stockholm, as well as on Oslo Børs. www.tietoevry.com
Ment is a 100% visual no-code document platform that allows users to easily create and maintain their own templates. It has been designed by a lawyer for lawyers. Lawyers are empowered to automate their own templates quickly without the need for technical resource and with limited training (and can do so in as little as 15 minutes). It is therefore one of the most scalable document automation platforms on the market today.