EU – UK Personal Data to keep on flowing freely post Brexit

On Friday 19 February 2021, the European Commission published a draft adequacy decision in favour of the UK. If adopted, this will allow the continued free flow of personal data from the EU to the UK.

At the moment a “data bridge” is in place between the EU and the UK, approved as part of the Trade and Cooperation Agreement, allowing data to flow freely as if an adequacy decision is already in place, while the European Commission comes to a final decision. This interim period ends on 30 June 2021 at the latest.

Without an adequacy decision, additional safeguards will need to be put in place by organisations to protect data being transferred, such as Standard Conditional Clauses or Binding Corporate Rules.

The draft decision still has to obtain final approval from the European Data Protection Board, but it is a step in the right direction. Great news for UK businesses dealing with data of EU data subjects!

The reverse flow of personal data, from the UK to the EU is permitted as the UK has already granted an adequacy decision in favour of all EU Member States.

If you would like further advice in relation to the above, please get in touch.

Madeleine Rhodes