The transfer question

Transatlantic Data Transfers

This is where most transatlantic compliance gaps live. Sending personal data from the EU or EEA to the United States is a restricted transfer under GDPR — it needs a recognised mechanism, and that mechanism needs to be chosen and documented for your specific situation.

What it covers

Choosing and documenting a lawful mechanism

There is no single right answer for every company. The main routes are the EU–U.S. Data Privacy Framework (for certified U.S. recipients), Standard Contractual Clauses (contractual safeguards between exporter and importer), and, behind the SCCs, a Transfer Impact Assessment that evaluates the destination's legal environment.

Data Privacy Framework

Where the U.S. recipient is eligible and certifies to the DPF, transfers to that recipient can rely on the framework's adequacy. Privello assesses whether the DPF fits your structure and what certification actually commits you to.

SCCs and Transfer Impact Assessments

Where the DPF doesn't apply, SCCs remain the workhorse — but they are not a standalone fix. A Transfer Impact Assessment has to sit behind them, evaluating whether the data will be adequately protected in practice and what supplementary measures are needed. Skipping the TIA is the single most common gap.

What Privello handles

  • Choosing the mechanism that fits your transfer scenario
  • Assessing DPF eligibility and certification implications
  • Implementing the right SCC module for the relationship
  • Preparing Transfer Impact Assessments that stand behind the SCCs
  • Documenting a defensible record of why the transfer is lawful

Opening a U.S. office triggers transfers — plan both

Scope: Privello does not claim any privacy certification. Patrick Smith is licensed in the State of Texas, United States; where the law of an EU/EEA member state or another jurisdiction governs, Privello coordinates qualified local counsel and does not practice the law of that jurisdiction.

Common questions

Questions European companies ask

Can we just rely on Standard Contractual Clauses?

Not on their own. SCCs need a Transfer Impact Assessment behind them, evaluating the destination's legal environment and any supplementary measures. SCCs without a TIA are the most common compliance gap we see.

Is the Data Privacy Framework enough?

It can be, where the U.S. recipient is eligible and properly certified. Whether it fits depends on your structure and which entities receive the data — it is worth confirming rather than assuming.

When do we need this in place?

Before the data moves. If you are relocating staff or opening a U.S. office, the transfer mechanism should be ready on the same timeline as the immigration steps.

Begin

Talk through your move with Privello

Tell us what you're planning. We'll outline the realistic options — and how the immigration and data-protection steps line up — in a first conversation.

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