EU Commission issues draft data adequacy decision for the UK

Posted on: Friday 19 February 2021 | IAB UK

The news follows constructive discussions between DCMS and the EU, and would allow data to flow freely from EU/EEA to the UK

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The draft decision recognises the UK’s high data protection standards and sets out the European Commission’s decision that the UK’s levels of personal data protection are ‘adequate’. Once confirmed, positive data adequacy decisions under both the EU General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED) would allow for personal data to continue to flow freely from the European Union (EU) and wider European Economic Area (EEA) to the UK.

The draft decision, which brings the UK significantly closer to its goal of achieving adequacy status, will now be shared with the European Data Protection Board for a ‘non-binding opinion’, before being presented to EU member states for formal approval. Ratification of the Commission’s adequacy decisions will help ensure that UK businesses and organisations can continue to receive personal data from the EU and EEA without additional compliance burdens or costs. Currently, temporary provisions are in place that were implemented at the end of the Brexit transition period to permit these data transfers to continue, but only for a definite period, pending the conclusion of the adequacy process.

Commenting on the news, Oliver Dowden, Secretary of State for Digital, said:”I welcome the publication of these draft decisions which rightly reflect the UK’s commitment to high data protection standards and pave the way for their formal approval.

“Although the EU’s progress in this area has been slower than we would have wished, I am glad we have now reached this significant milestone following months of constructive talks in which we have set out our robust data protection framework. I now urge the EU to fulfil their commitment to complete the technical approval process promptly, so businesses and organisations on both sides can seize the clear benefits.”

Read more about the current status of data transfers between the UK and EU here

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IAB UK

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