EDPS issues Opinion on EU-UK future data protection relationship

The European Data Protection Supervisor (EDPS) welcomes and supports the objective of the EU Commission to conclude a comprehensive partnership with the UK, and the Commission’s work towards the adoption of adequacy decisions, provided that the relevant conditions are met.

In its Opinion on the opening of negotiations for a new partnership with the UK, the EDPS, Wojciech Wiewiórowski, says that should the Commission present a draft adequacy decision, the European Data Protection Board (EDPB) should be involved at the appropriate time. ‘If the Commission were to adopt an adequacy decision, it must subsequently monitor developments in the UK and, if it considers that the UK no longer provides an adequate level of protection, it can repeal, amend or suspend its decision in accordance with Article 45(4) and (5) of the GDPR and Article 36(4) and (5) of the Law Enforcement Directive,’ the Opinion says.

The EDPS states that it will be of paramount importance to clearly define the scope of the envisaged adequacy decisions, in particular relating to the Law Enforcement Directive’s data transfer provision based on an adequacy decision.

The EDPS recommends that ‘the Union take steps to prepare for all eventualities, including where the adequacy decision(s) could not be adopted within the transition period, where no adequacy decision would be adopted at all, or where it would be adopted only in relation to some areas.’

See the Opinion, published on 24 February.