March 25, 2023

Volume XIII, Number 84


March 24, 2023

Subscribe to Latest Legal News and Analysis

March 23, 2023

Subscribe to Latest Legal News and Analysis

March 22, 2023

Subscribe to Latest Legal News and Analysis

Cross-Border Transfer Master Class: Transfers from EEA Controller to non-EEA Controller: Controller (EEA) → Controller (U.S.) → Processor (Non-EEA)

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.

  • 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. As a result, Company B’s transfer of data to Company Z should utilize the SCC Module 2.

  • 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.

  • U.S. Transfer Impact Assessment.  Section 14 of the 1st SCC requires Company A and Company B to conduct a transfer impact assessment (TIA) of U.S. law to determine whether either party has reason to believe that the laws and practices of the United States that apply to the personal data transferred prevent Company B from fulfilling its obligations under the SCCs.

  • Country X Transfer Impact Assessment. Section 14 of the second SCC requires Company B and Company Z to conduct a transfer impact assessment (TIA) to determine whether either party has reason to believe that the laws and practices of Country X prevent Company Z from fulfilling its obligations under the SCCs. Note that as a practical matter, this TIA might be shared with Company A upon request or during an audit.

  • Law enforcement request policy. Section 15 of the 1st SCC and the 2nd SCC requires 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.


©2023 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 13

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.


+1 303.572.6500