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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 2021.

Visual Description and Implications
Transfers from a US Controller to EEA processors (Renvois) - Controller (US)→Processor (EEA) (on deck) (Basic Renvoi)
  • Cross border transfers in the United States don’t need a SCC. Company A is not required under U.S. law or the GDPR to put in place safeguards when it transmits (exports) data to the EEA.
  • SCC Module 4. Article 46 of the GDPR requires that a processor that transfers data outside of the EEA to a non-adequate country must utilize a safeguard. The EDPB has confirmed that this requirement applies when an EEA processor (Company Z) sends data to a controller (Company A).[1]
  • Transfer Impact Assessments. Section 14 of SCC Module 4 does not typically require Company Z or Company A to conduct a transfer impact assessment (TIA) of U.S. law. Note, however, that a TIA would be required if Company Z combined the personal data it received from Company Y, with its own personal data (e.g., did a data enhancement or a data append).
  • Law enforcement request policy. Section 15 of SCC Module 4 does not typically require that Company A take specific steps in the event that it receives a request from a public authority for access to personal data. Note, however, that a law enforcement policy might be warranted if Company Z combined the personal data that it received from Company Y, with its own personal data (e.g., did a data enhancement or a data append).

[1] EDPB, Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR at para. 13.