EU adequacy decision in favour of UK allows free flow of personal data between UK and European Economic Area. Both before and since expiry of the Brexit implementation period businesses have emphasised the crucial importance of maintaining that adequacy decision.
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Monday, February 22, 2021
On February 19 2021, the European Union Commission issued its draft adequacy decision for data flows between the European Union (EU) and United Kingdom (UK).
Whilst widely expected, this draft decision will provide some assurance about the continuing free flow of data between the EU and UK although businesses should take heed of a few ongoing regulatory issues.
Post-Brexit (the UK’s exit from the European Union):
The UK largely adopted the EU GDPR as standalone UK law
The UK became a “third country” for data flows from the EU
Transitional provisions have been applied to allow data flows between the UK and the EU. The EU-UK Trade and Co-operation Agreement agreed on December 24, 2020 included a “bridge period” of four to six months to allow for the EU Commission to adopt an adequacy decision under the GDPR for the UK