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Data Transfers to UK: EU Regulators Extend Approval

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Data Transfers to UK: EU Regulators Extend Approval

Data Transfers to UK: EU Regulators Extend Approval

Data Transfers to UK: EU Regulators Extend Approval

By Netvora Tech News


The European Data Protection Board (EDPB) has extended the approval for data transfers from the European Union to the United Kingdom (UK) for six months, until December 27th of this year. This decision comes as the UK is expected to introduce new privacy legislation in the meantime. Data transfers from the EU to countries outside the European Economic Area (EEA) are subject to separate rules. In three cases, it is possible to transfer personal data to a third country. These include: a adequacy decision, appropriate safeguards such as a model contract, a code of conduct, certification or 'binding corporate rules' (BCRs), and specific derogations. When a country takes adequate measures to protect personal data in its national legislation, the European Commission can issue an adequacy decision. This decision confirms that the data protection level in that country is comparable to the General Data Protection Regulation (GDPR). For the UK, an adequacy decision was taken in 2021, which was temporary pending new privacy legislation in the UK. A draft bill was presented in October 2024, but the British government has not yet accepted it. Therefore, the EDPB decided to extend the adequacy decision for six months until December 27th of this year, giving the European Commission sufficient time to assess the UK's privacy legislation once it is adopted.

Data Transfer Rules

According to the European Data Protection Authority, the rules for data transfers to third countries are as follows:

  • Adequacy decision: the European Commission has decided that the country provides an adequate level of data protection
  • Appropriate safeguards: measures are in place to ensure the protection of personal data, such as model contracts, codes of conduct, certification or 'binding corporate rules' (BCRs)
  • Specific derogations: specific exceptions apply, such as for national security or public interest purposes
The extension of the adequacy decision for data transfers to the UK provides a temporary solution for companies and organizations that need to transfer personal data to the UK. However, the decision highlights the need for the UK to introduce new privacy legislation to ensure an adequate level of data protection.

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