data transfer

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.

Controller A (EEA)  → Controller B (EEA) → Controller C (Non-EEA)

Visual Description and Implications
  • Background. Company A in the EEA transfers personal data to

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.

Controller A (EEA) → Controller B (EEA) → Processor Z (Non-EEA)

Visual Description and Implications
  • Background. Company A in the EEA transfers personal data to

On June 24, 2022, China’s National Information Security Standardization Technical Committee (commonly referred to as “TC260”) finalized the Technical Guideline on Personal Information Cross-Border Transfer Certification (Final Cert Guideline). Although the Final Cert Guideline largely remains the same as the draft version released this past April, which is described in our prior blog post, China

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.

Data Subject (EEA) → Processor Z-1 (non-EEA) → Processor Z-2 (EEA) → Controller A (EEA)

Visual Description and Implications
Background. Company A retains Company Z-2

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

On April 29, 2022, China’s National Information Security Standardization Technical Committee (commonly referred to as “TC260”) released a draft Technical Guideline on Personal Information Cross-Border Transfer Certifications (Cert Guideline). While the Cert Guideline is still in draft form and thus subject to change, it provides some clarification regarding the certification process for cross-border transfers of

The term “sale” is defined slightly differently between and among modern U.S. data privacy statutes with some statutes defining the term as including exchanges of personal information in return for valuable consideration, and others defining the terms as including only exchanges of personal information in return for monetary consideration. As the following chart indicates, state

The term “Transfer Impact Assessment” or “TIA” is relatively new to the world of data privacy. Indeed, according to one widely used legal database the term was not referenced within any academic journals or secondary sources until 2021.[1] The term has come to refer to a written analysis, conducted by a controller or a

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 European Data Subject: Data Subject→Controller (US)→Controller (US)
  • The EDPB has taken the position that a data subject “cannot be considered a controller or processor,”[1] and, as a result,

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 (US)  Sub-processor (EEA)  Controller (US)
  • Cross border transfers in the United States don’t need an SCC. Company A is not required under U.S. law or the GDPR