June 28, 2022

Volume XII, Number 179


June 27, 2022

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Transfers from EEA Controller to non-EEA Processor: Controller A (EEA)→ Processor Z (non-EEA) → Controller A (EEA)

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
 Controller A (EEA)→ Processor Z (non-EEA) → Controller A (EEA)
  • 1st Transfer: SCC Module 2. Initial cross-border transfer from EEA to a non-EEA country utilizes the SCC Module 2 designed for transfers from a controller to a non-EEA processor (First SCC).
  • 2nd Transfer. The GDPR does not require a company that transmits data to the EEA to utilize a safeguard mechanism.  Note, however, that it is possible that some non-EEA countries impose their own restrictions on cross border data transfers.
  • Transfer Impact Assessments. Section 14 of the SCCs require all parties (Company A and Company Z) to document a transfer impact assessment of the laws of Country X to determine whether any party has reason to believe that the laws and practices of that country prevent Company Z from fulfilling its obligations under the SCCs.
  • Law enforcement request policy.  Section 15 of the SCCs require the data importer (Company Z) to take specific steps in the event that it receives a request from a public authority for access to personal data. As a result, Company Z might consider creating a written law enforcement request policy.


©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 54

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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