EU Commission Data Protection Adequacy Decision – One Step Closer to Approval

Posted on 4th January, 2021
, in UK 

Estimated reading time 3 minutes

Another positive step towards data adequacy status was reached in February with the publication of the European Commission’s draft adequacy decision. Further progress was made towards UK data adequacy status with the publication of the European Data Protection Board’s (EDPB) Opinion on 13 April on the European Commission’s (EC) draft adequacy decision. The Opinion agreed with the EC’s assessment that the UK's law and practice on personal data protection under the General Data Protection Regulation (GDPR) does ensure a degree of personal data protection equal to that offered by European law. This is good news for UK businesses with data flows between the EU and the UK, who are all too aware of the impending 30 June 2021 deadline when the adequacy bridge agreed in the 2020 Trade And Cooperation Agreement is set to expire. While non-binding, the Opinion outlined several areas of concern that the European Commission should monitor, particularly:
  • The UK Data Protection Act’s immigration exemption, believed to restrict data subjects’ rights.
  • Onward transfers of personal data sent to the UK, then transferred to a third country.
The next step is for the European Council to send the draft decision to EU Member States for formal approval. The EC will then adopt a final decision on UK adequacy, which will remain valid for four years. This article was produced by CELIA member firm Abbiss Caddres. For further information or if you have any queries relating to the content of this communication, please contact us. CELIA Alliance CELIA Alliance members are identified here. Members of the CELIA Alliance are each independent law firms and do not practice law jointly with any other member of the CELIA Alliance. "CELIA Alliance" and "CELIA" are not trading names. For more information about the CELIA Alliance click here. Disclaimer Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this newsletter. For further legal information click here. Circular 230 disclosure To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Copying If you would like to copy or otherwise reproduce this article then you may do so provided that: (1) any such copy or reproduction is for your own personal use or if it is made available to any third party it is done so on a free of charge basis; and (2) the article is reproduced in full together with the contact details, disclaimer and any logos as they appear on each article.