EU - UK Data Transfer

In a draft adequacy decision, reported to have been seen by the Financial Times (FT), the European Commission (the “Commission”) is set to allow the continued free flow of data between the EU and UK, after confirming that the UK offers an adequate level of protection for personal data, pursuant to Article 45 of the General Data Protection Regulation (the “GDPR”). According to the FT, the draft decision can be expected this week.

The decision, once adopted, will replace the current interim solution, agreed under the EU-UK Trade and Cooperation Agreement, which allows for companies and organisations to transfer personal data from the EU to the UK up until 30 June 2021. For more information on the interim solution please see our previous update “Brexit Updated: Interim Deal Reached on EU-UK Data Transfers”.
Continue Reading Brexit Updated: EU Set to Publish UK Adequacy Decision

Laptop Data TransferOn 24th December 2020, the UK and the EU finally agreed on the terms of a Brexit deal, including an interim solution to the issue of personal data transfers from the EU to the UK.  This interim arrangement gives some much-needed breathing space to European organizations with UK affiliates or that use UK service providers, and renewed hope for an eventual adequacy decision from the European Commission covering transfers of personal data to the UK.

The interim solution agreed allows companies and organisations that transfer personal data from the EU to the UK, to continue to do so, for up to six months to give time for the European Commission to approve an adequacy decision in favour of the UK (under Article 36(3) of Directive (EU) 2016/680 and under Article 45(3) of Regulation (EU) 2016/679).

Continue Reading Brexit Updated: Interim Deal Reached on EU-UK Data Transfers