June 27, 2022

Volume XII, Number 178

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June 27, 2022

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Transfers from a European Data Subject – Data Subject→Controller (US)

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.

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Transfers from a European Data Subject - Data Subject→Controller (US)

Description and Implications

  • The EDPB has taken the position that a data subject “cannot be considered a controller or processor.”1 As a result, the restrictions on cross-border data transfers that apply to controllers and processors do not apply to data subjects. In addition, the transfer of data from the EEA to the United States arguably constitutes “processing” by the data subject and, therefore, is not subject to the GDPR at all, as the regulations does not apply to processing done by a “natural person in the course of a purely personal or household activity.”2

  • The net result is that a controller in the United States that receives personal information directly from a data subject does not need to utilize the SCCs, or any other safeguards.

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 n.10.

See GDPR, Article 2(2)(c).

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 76
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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
Carsten Kociok, Greenberg Traurig Law Firm, Germany, Cybersecurity and Technology, Finance Litigation Attorney
Counsel

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,...

490-30700-171119
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
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