Personal data to flow from the UK to US again from 12 October 2023

The eagerly awaited UK to US personal data bridge will come into effect on 12 October 2023.

A UK extension to the EU-US Data Privacy Framework means that cumbersome additional safeguards will no longer be required by companies looking to transfer or share personal data between the UK and US. There is now an “adequacy decision” in favour of the US following US Executive Order 14086, which provides UK citizens with favourable rights and safeguards in relation to their personal data transferred to the US.

US organisations must be certified to the Framework for this to apply though so UK companies must verify this is the case before making the transfer. Where this applies, companies will no longer have to implement Standard Contractual Clauses and Transfer Impact Assessments, making the transatlantic data flow more efficient.

In order to certify, a US company must be subject to the jurisdiction of the Federal Trade Commission or Department of Transportation. The list of certified companies can be found at the Data Privacy Framework website.

For further information on international data sharing and data protection generally, please get in touch.

Madeleine Rhodes