September 25, 2022

Volume XII, Number 268

Advertisement

September 23, 2022

Subscribe to Latest Legal News and Analysis

September 22, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Data Transfers from Data Subjects in the EEA to non-EEA Processors of EEA Controllers

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).


     

FOOTNOTES

[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.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 194
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

David A. Zetoony Privacy Attorney Greenberg Traurig
Shareholder

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...

303.685.7425
Andrea C. Maciejewski Data Privacy Lawyer Greenberg Traurig
Associate

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
Advertisement
Advertisement
Advertisement