The European Commission has granted the UK an adequacy decision.
In practice, this means that personal data can continue to move freely between the EU and the UK (with the exception of data transferred for UK immigration control purposes) without the need for organisations to implement any additional safety measures (such as standard contractual clauses (SCC)).
To clarify, the UK government had already deemed EU countries to be adequate, so data could flow as normal from the UK to the EU (until, at least, 2024).
The EU adequacy decision includes a so-called ‘sunset clause’ which means the EU adequacy decision will automatically expire 4 years from the date it came into force, namely on 27 June 2025. After this period the adequacy decision may be renewed, subject to the UK continuing to ensure adequate levels of protection for personal data. However, the EU will continuously monitor the adequacy of the level of protection afforded between now and 27 June 2025 and can, at any point, intervene to suspend, repeal or amend the decision if the UK deviates from the level of protection currently in place.
Whilst data can continue to move freely between the UK and the EU, if organisations are sharing data from data controller to data processor (internally within a Group or otherwise) it is still necessary to have a data sharing agreement in place (albeit there is no requirement to include SCC). It is also important that organisations ensure that their records of processing activities are kept up to date, that records are kept of data transfers and that Privacy Notices are also up to date.
If you require any assistance in drafting data sharing agreements, please do get in touch with us.
This is only intended to be a summary and not specific legal advice. If you would like further information or advice, please do contact a member of our team.
- Selene Holden ([email protected]~ 01284 717436),
- Andrew Cooper ([email protected] ~ 01284717511)
- Greg Jones([email protected] ~ 01284 717446) or
- Angharad Ellis Owen([email protected] ~ 01284 717453).
For more information on the services offered by Greene & Greene Solicitors please visit www.greene-greene.com. You can also follow on Twitter @GreeneGreeneLaw.