Although the UK managed to guarantee a six-month transitional period from the beginning of the year, the only way to permanently ensure data would continue to flow was by securing a data adequacy agreement. This would establish the UK as a secure ‘third country’ with harmonised data protection laws and practices.
As part of the agreement, the EU will review the adequacy agreement at most every four years and monitor developments in the UK, as well as take note of other relevant international agreements the UK strikes. As such, the formal agreement can be revoked at any time in the future when it’s eventually struck, if the UK waters down its data protection laws to such an extent that they’re no longer essentially equivalent to GDPR.
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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
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In mid-January 2021, the European Data Protection Board (EDPB) announced by press release that it has adopted jointly with the European Data Protection Supervisor (EDPS) written.