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On 14 April 2021, the European Data Protection Board ( EDPB ) announced that it had adopted two Opinions on the draft UK adequacy decisions issued by the European Commission on 19 February 2021. The EDPB’s take on the draft adequacy decisions is broadly positive, and will come as welcome news to UK and EEA businesses with cross-border data flows.
In the run-up to the end of the Transition Period under the UK-EU Withdrawal Agreement on 31 December 2020, there had been doubts as to how cross-border data transfers from the EU to the UK would work, in light of the prohibition on such transfers set out in the GDPR and the Law Enforcement Directive (the
INTA Provides Tips for Transferring Personal Information from the EU Published: April 14, 2021
Tara Aaron-Stelluto Aaron | Sanders PLLC Nashville, Tennessee, USA Data Protection Committee Best Practices Subcommittee
Susan Natland Knobbe, Martens, Olson & Bear, LLP Irvine, California, USA Data Protection Committee Best Practices Subcommittee
Are you still working to master the new requirements of transfers of personal information from the European Union to othe
Do continued EU data flows to the United Kingdom offer hope for the United States?
European Commissioner for Values and Transparency Vera Jourova looks on at the European Parliament in Brussels, Belgium March 10, 2021. REUTERS/Johanna Geron/Pool
As the Biden administration and the European Commission “intensify” negotiations to re-establish a stable transatlantic data-transfer framework, Brussels separately is moving ahead to enable unrestricted data flows with two other major trading partners: the United Kingdom and the Republic of Korea.
In announcing the Commission’s preliminary “adequacy” decision for the United Kingdom on February 19, Commission Vice President Věra Jourová said that while it “has left the EU,” the United Kingdom remains a member of “the European privacy family.” The Commission’s announcement offers Washington a ray of hope. If the European Union (EU) welcomes back to the fold an ex-member with wide-ranging surveillance programs, then t
The UK’s quest for unhindered data flows to and from the EU took another important step forward yesterday after the European Data Protection Board (EDPB) approved the Commission’s draft adequacy decisions.
Adequacy decisions are the process by which the European Union decides whether countries outside the bloc offer an adequate level of protection for the data of EU citizens. They are critical to granting seamless data flows between the EU and so-called “third countries” like the UK post-Brexit.
After the European Commission issued two draft adequacy decisions in February 2021 approving the UK’s data protection regime, the EDPB has now recommended their acceptance. The board is an independent European body set up to ensure consistent application of the GDPR.
The
Proposal) aims to facilitate the exercise of the right to free movement within the EU during the COVID-19 pandemic by establishing a common framework for the issuance, verification and acceptance of interoperable certificates on COVID-19 vaccination, testing and recovery.
Pending the approval of the European Parliament, the Proposal has been examined by the European Data Protection Board (
EDPB) and the European Data Protection Supervisor (
EDPS) with a specific focus on the protection of personal data, which “represent a fundamental aspect”.
In their
joint opinion, the EDPB and the EDPS recall that data protection does not constitute an obstacle for fighting the current pandemic and, therefore, recommend that the Digital Green Certificate is fully in line with EU personal data protection legislation: not only for the sake of legal certainty, but also “to avoid that the Proposal has the effect of directly or indirectly jeopardizing the fundamental right to the prote