1st SCC Module 1. Initial cross-border transfer from Company A to Company B utilizes the SCC Module 1 designed for transfers from a controller to a non-EEA Controller.
2nd SCC Module 2. Pursuant to Section 8.7 of the 1st SCC, all subsequent onward transfers to non-adequate jurisdictions must also utilize the SCCs appropriate module. As a result, Company B’s transfer of data to Company Z should utilize the SCC Module 2.
Subsequent Onward Transfers from Company Z. Note that if Company Z makes any additional onward transfers, Company Z should utilize Module 3 of the SCCs.
U.S. Transfer Impact Assessment. Section 14 of the 1st SCC requires Company A and Company B to conduct a transfer impact assessment (TIA) of U.S. law to determine whether either party has reason to believe that the laws and practices of the United States that apply to the personal data transferred prevent Company B from fulfilling its obligations under the SCCs.
Country X Transfer Impact Assessment. Section 14 of the second SCC requires Company B and Company Z to conduct a transfer impact assessment (TIA) to determine whether either party has reason to believe that the laws and practices of Country X prevent Company Z from fulfilling its obligations under the SCCs. Note that as a practical matter, this TIA might be shared with Company A upon request or during an audit.
Law enforcement request policy. Section 15 of the 1st SCC and the 2nd SCC requires that Company B and Company Z take specific steps in the event that they receive a request from a public authority for access to personal data. As a result, Company B and Company Z might consider creating a written law enforcement request policy.
