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Controller A (Non-EEA) → Processor Z (Non-EEA) → Sub-processor Y (EEA) → Controller A (Non-EEA) (same country)

Visual Description and Implications
  • Transfer 1: No mechanism needed.  Company A is not required under the GDPR to put safeguards in place to transfer information to a processor that is also located in Country Q.
  • Transfer 2: No mechanism needed.  Company Z is not required under the GDPR to put in place a transfer mechanism when it transmits (exports) personal data to the EEA. Note that it is possible that the laws of Country Q independently require a transfer mechanism, however, in many jurisdictions (e.g., the United States) there is no such requirement.
  • Transfer 3: SCC Module 4.  Article 46 of the GDPR requires that a processor that transfers personal 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 Y) sends data to a non-EEA controller (Company A).[1]
  • Subsequent Onward Transfers from Company A do not require safeguards.  Note that if Company A sends data that it received from Company Y to subsequent controllers or processors it is typically not required to put a transfer mechanism in place.
  • Transfer Impact Assessments.  Section 14 of SCC Module 4 does not typically require Company Y or Company A to conduct a transfer impact assessment (TIA) of the laws of Country Q. Note, however, that a TIA would be required if Company Y combined the personal data that it received from Company Z 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 takes 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 Y combined the personal data that it received from Company Z 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.

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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 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.