EU Commission task force hopeful for UK adequacy by the end of 2020

A European Commission ad hoc working party on Article 50 (UK Brexit) indicates that UK adequacy for data transfers could be resolved by the end of 2020 if the requirements are fulfilled.

The Task Force for Relations with the UK has held internal preparatory discussions on the future relationship with the UK on personal data protection (adequacy decisions) and cooperation and equivalence in financial services.

The document, dated 10 January, states that if the UK withdraws with an agreement on 31 January 2020, there will be a transition period of 11 months. During that time, an adequacy decision may be negotiated. The UK’s future DP framework could include an adequacy decision under the GDPR if the applicable conditions are met, as well as recognising the existing adequacy decisions, using Binding Corporate Rules and Standard Contractual Clauses, the task force suggests.

The task force states that the steps for adequacy decision include:

  • An assessment by the Commission, in close cooperation with the UK
  • A draft European Commission decision (Implementing Act)
  • An Opinion by European Data Protection Board
  • Comitology: A vote by Member States (qualified majority) in the Standing Committee
  • Adoption by the decision-making body, the College of European Commissioners.

Future negotiations would also include discussing cooperation between the regulators.

See: Slides - Internal EU27 preparatory discussions on the future relationship: "Personal data protection (adequacy decisions); Cooperation and equivalence in financial services"