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Analyzing Cross-Border Data Transfers - The National Law Review

Mon, Feb 14, 2022 20:44 ET
in Press Release

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 Implications
  • Background. Company Z is a European legal entity that does not have a legal presence in Country Q. Company Z has an employee that works from Country Q (e.g., a remote worker or a travelling employee).
  • Transfer 1: No mechanism need
  • ed for transfer from Company A to Company Z. The GDPR does not require a safeguard mechanism for data transferred from a company in the EEA to another company in the EEA. Note that Company Z would be directly subject to the GDPR, and, as a result, data received would be subject to all GDPR requirements that apply to processors even in the absence of a SCC.
  • Transfer 2: No mechanism needed for transfer from Company Z to its employee outside of the EEA. The EDPB has suggested that when a company transmits personal data to an employee located outside of the EEA, the transmission does not constitute a “transfer” of personal information for purposes of Chapter V of the GDPR because the data has not been sent to a separate controller or processor.[1] While the EDPB provided, as an example, the use-case where an employee travels for work to India where he remotely accesses personal data from the EEA, the EDPB has not provided any indication that its rationale would not apply to other remote-work situations such as where an employee...


Read Full Story: https://www.natlawreview.com/article/transfers-eea-controller-to-eea-processo...


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