Skip to content

The following is part of Greenberg Traurig’s ongoing series analyzing cross-border data transfers in light of the new Standard Contractual Clauses approved by the European Commission in June of 2021.

Visual Summary
  • 1st Transfer: SCC Module 2. Initial cross-border transfer from EEA to Country Q utilizes the SCC Module 2 designed for transfers from a controller to a non-EEA processor (First SCC).
  • 2nd Transfer: SCC Module 3. Pursuant to Section 8.7 of the First SCC, all subsequent onward transfers to non-adequate jurisdictions must also utilize the SCCs (appropriate module). Transfers to another company “in the same [non-EEA] country” should utilize a safeguard mechanism such as the SCCs.[1] Note that the parties could alternatively decide to enter into a single SCC between Company A, Company Z, and Company X that integrated a Module 2 SCC (as to Company A and Company Z) and a Module 2 SCC (as to Company A and X).
  • 3rd Transfer. The GDPR does not require a company that transmits data to the EEA to utilize a safeguard mechanism. Note, however, that it is possible that some non-EEA countries impose their own restrictions on cross border data transfers.
  • Transfer Impact Assessments. Section 14 of the SCCs require all parties (Company A, Company Z, and Company X) to document a transfer impact assessment of the laws of Country Q to determine whether any party has reason to believe that the laws and practices of Country Q prevent Company Z and/or Company X from fulfilling their obligations under the SCCs.
  • Law enforcement request policy. Note that Section 15 of the SCCs require the data importers (Company Z and Company X) to take specific steps in the event that they receive a request from a public authority for access to personal data.

[1]  See New SCC Module 1 at 8.7.  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.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of David A. Zetoony David A. Zetoony

David Zetoony, Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he

David Zetoony, Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation.

Photo of Carsten A. Kociok Carsten A. Kociok

Carsten Kociok focuses his practice on the technology industry. He has broad experience in the areas of Internet, information technology, electronic and mobile payments and new media, as well as regulatory and data protection law issues.

Carsten advises national and international companies from

Carsten Kociok focuses his practice on the technology industry. He has broad experience in the areas of Internet, information technology, electronic and mobile payments and new media, as well as regulatory and data protection law issues.

Carsten advises national and international companies from the Internet, payments and technology industries on the commercial and regulatory side of their business, in particular in the areas of e-commerce and e-business, electronic and mobile payments, service distribution, franchising, outsourcing and technology transactions. This includes all aspects of e-money and payments law, financial services law, data protection and data security regulations, money laundering obligations as well as marketing, unfair competition, consumer protection and general contract law.

Prior to joining the firm, Carsten worked at Olswang for eight years and in the Capital Transaction Practice Group of an international law firm in New York.

Photo of Andrea C. Maciejewski Andrea C. Maciejewski

Andrea C. Maciejewski designs and implements privacy and security programs for clients of all sizes – from Fortune 500s to start ups – and in all sectors, including digital entertainment, marketing, online education, retail, and consumer goods. Andrea helps companies navigate the intricacies

Andrea C. Maciejewski designs and implements privacy and security programs for clients of all sizes – from Fortune 500s to start ups – and in all sectors, including digital entertainment, marketing, online education, retail, and consumer goods. Andrea helps companies navigate the intricacies of multi-jurisdictional compliance programs as well as compliance with sector-specific data privacy and security laws. Andrea offers clients practical legal counsel, striving to understand the underlying business model and provide strategies that manage costs and risks, while attempting to maintain the businesses operations.

Her practice includes international data privacy laws and regulations, including the General Data Protection Regulation (“GDPR”) and China’s Personal Information Protection Law (“PIPL”), as well as U.S. federal and state data privacy laws, such as the Children’s Online Privacy Protection Act (“COPPA”), the Family Educational Rights and Privacy Act (“FERPA”), and the California Consumer Privacy Act (“CCPA”). Some of the specialized documents Andrea drafts include data processing addendums, intracompany agreements, cross-border transfer mechanisms, privacy policies, privacy impact assessments, and data inventories. She has experience in U.S. and multi-national record retention practices, and frequently counsels on updating those practices for compliance with new privacy laws.

Additionally, Andrea provides expert counsel on data concerns unique to video games, eSports, and mobile gaming.