UK adequacy, EU and the ICO – where are we at?

The European Data Protection Board (EDPB) has stressed that once the UK has been granted adequacy, the EU Commission needs to actively monitor the situation and the possibly changing legislative landscape in the UK. If not satisfied, the EU could suspend data transfers, EDPB Chair Andrea Jelinek said earlier this week when addressing the European Parliament’s LIBE Committee.

There was also some concern over the UK’s future own adequacy assessments on third countries and onward transfers.

In this context, the DCMS has adopted a Memorandum of Understanding with the ICO which emphasises sharing information in a timely manner on its programme of UK Adequacy Assessment Work with the ICO. Similarly, the ICO will share information with the DCMS to inform the DCMS of its planning of UK Adequacy Assessment work.

While the Secretary of State can make adequacy decisions independently, he is required to consult the ICO before making UK Adequacy Regulations.

In the meantime, organisations are reminded that the current bridging arrangement expires at the end of June. It is expected that the EU-UK adequacy decision will be finalised before then.

Join us on 13 May for a webinar on data transfers – the session will explain the future for data privacy law relationships between the UK, Jersey, Guernsey, the Isle of Man and the EU.

Speakers include Joe Jones, Head of Data Adequacy, Department for Digital, Culture, Media & Sport (DCMS), UK and the government representatives of Guernsey and Jersey and the Isle of Man Commissioner.

See the Memorandum of Understanding.