UK adequacy progresses but not completely without obstacles

Will the European Parliament’s intervention delay the decision? And how are the UK, Channel Islands and the Isle of Man affected? Laura Linkomies reports.

On 19 February, the EU Commission issued its draft adequacy decisions for transfers of personal data to the United Kingdom, one under the General Data Protection Regulation and the other for the Law Enforcement Directive. A generally favourable opinion from the European Data Protection Board (EDPB)(1) was received with some reservations and words of caution and criticism. While the EDPB has identified many aspects to be essentially equivalent between the two regimes, the EU DPAs have some reservations. “The UK Government has indicated its intention to develop separate and independent policies in data protection with a possible will to diverge from EU data protection law. Such political declarations have not materialised yet in the UK legal framework. However, this possible future divergence might create risks for the maintenance of the level of protection provided to personal data transferred from the EU. Therefore, the European Commission is invited to closely monitor such evolutions from the entry into force of its adequacy decision and take necessary actions including by amending and/or suspending the decision if necessary.”

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