June 28, 2022

Volume XII, Number 179


June 27, 2022

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Controller (EEA) → Controller (U.S.) → Processor (U.S.)

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.



  • 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 utilize the SCCs (appropriate module). Note that transfers to another company “in the same [non-EEA] country” should still utilize a safeguard mechanism such as the SCCs.1

  • Subsequent Onward Transfers from Company Z. Note that if Company Z makes any additional onward transfers Company Z should utilize Module 3 of the SCCs.

  • Transfer Impact Assessments.  Section 14 of the SCCs require (Company A, Company B, and Company Z) to conduct a transfer impact assessment (TIA) of U.S. law to determine whether any party has reason to believe that the laws and practices of the United States that apply to the personal data transferred prevent Company B or Company Z from fulfilling their obligations under the SCCs. In practice, Company A and Company B might create one TIA, and Company B and Company Z might create a second TIA.

  • Law enforcement request policy. Section 15 of the SCCs require that Company B and Company Z take specific steps in the event that they receive a request from a public authority for access to personal data. As a result, Company B and Company Z might consider creating a written law enforcement request policy.

1  New SCC Module 1 at 8.7 (similar provisions in Module 2 and Module 3). 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.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 40

About this Author

David A. Zetoony Privacy Attorney Greenberg Traurig

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. 

David receives regular recognitions from clients and peers for...

Carsten Kociok, Greenberg Traurig Law Firm, Germany, Cybersecurity and Technology, Finance Litigation Attorney

Carsten Kociok focuses his practice on the technology, media and telecommunications industries. 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,...

Andrea C. Maciejewski Data Privacy Lawyer Greenberg Traurig

Andrea C. Maciejewski advises clients on compliance with local and international data privacy regulations including the GDPR, CCPA, COPPA, CAN-SPAM , TCPA, and state biometric laws. She guides clients on data breach response and privacy policies.


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