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Implications

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 (1st SCC). 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). Note that transfers to another company “in the same [non-EEA] country” should still utilize a safeguard mechanism such as the SCCs.1 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. Transfer Impact Assessments. Section 14 of the SCCs require Company A, Company B, and Company Z to conduct a transfer impact assessment (“TIA”) of U.S. law to determine whether any party has reason to believe that the laws and practices of the United States that apply to the personal data transferred prevent Company B or Company Z from fulfilling their obligations under the SCCs. In practice, Company A and Company B might create one TIA, and Company B and Company Z might create a second TIA. Law enforcement request policy.  Section 15 of the SCCs require 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.

1 New SCC Module 1 at 8.7 (similar provisions in Module 2 and Module 3).  The position that a transfer between companies in the same non-EEA country requires a safeguard also accords with Article 44 of the GDPR which requires that “any transfer of personal data . . . after transfer to a third country” must take place pursuant to the restrictions in Chapter V of the GDPR.