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

  • 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

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
Overview of situation.  Company A in the EEA retains Company Z-1 in the US to process personal data.  Company Z-1 intends 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 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

Gretchen A. Ramos is quoted in a Cybersecurity Law Report article titled “Navigating Post-Schrems II International Data Transfer Waters: Challenges and TIAs.” The article discusses the challenges companies may face as they complete transfer impact assessments (TIAs) and update their standard contractual clauses (SCCs).

Click here to read the full article. (subscription required)

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 Summary
Transfers from EEA Controller to non-EEA Processor: Controller A (EEA)→Processor Z (US) →Processor X (US) →Controller A (EEA)
  • 1st Transfer: SCC Module 2. Initial cross-border transfer from EEA to United States utilizes the SCC Module 2 designed for transfers from

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

Implications

  • Initial cross-border transfer from the EEA to the US utilizes the SCC Module 1 designed for transfers from a controller to another non-EEA

With its adoption of an adequacy decision pursuant to Art. 45 General Data Protection Regulation (GDPR) for the Republic of Korea on Dec. 17, 2021, the European Commission has declared that the country provides an adequate data protection level comparable with GDPR standards.

Click here to read the full GT Alert.

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 (EEA)→ Controller (EEA)→ Branch Office (US)
  • Background. Company B is a European entity, that has a branch office in the United States (which is not a separate legal entity). While data

Visual 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

Companies are allowed to transfer personal data outside the European Economic Area (EEA) if they are (1) transferring data to an entity that is within a country that has been recognized by the European Commission as ensuring an adequate level of protection or (2) they have put in place a European Commission-approved mechanism (a “safeguard”)