UK prepares to start its own adequacy assessments after Brexit

Speaking yesterday at PL&B’s online conference about Brexit, adequacy assessments and data transfers, Oliver Marsh, Head of Data Adequacy (EU/EEA), Department for Digital, Culture, Media & Sport (DCMS), UK said that 42 adequacy decisions have been rolled over – meaning the 30 EEA countries, and the 12 countries that currently have EU adequacy decisions.

Likewise, the majority of EU-adequate countries (11 out of 12 – excluding Andorra) have now said that they will allow uninterrupted data transfers to the UK. The European Commission has recognised Andorra, Argentina, Canada (commercial organisations), the Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay as providing adequate protection(1).

The EU Commission will decide on UK adequacy. In the meantime, the UK is preparing to start its own adequacy assessments next year.

Marsh also confirmed that the UK will, as per the EU Withdrawal Bill, retain CJEU case law, unless challenged in the Supreme Court.

PL&B's Online Conference Nowhere to Hide continues – see the programme and register.

  1. The ICO lists the specific arrangements made with these countries, apart from Andorra, in the section headed “How can we maintain transfers into the UK from countries, territories or sectors covered by an EC adequacy decision?”