UK receives data adequacy but under a watchful EU Commission

The UK is confident that its own adequacy decisions will not cause a threat for UK EU adequacy, or lower its data protection standards. Laura Linkomies reports.

The EU and the UK government successfully pushed through the EU-UK data transfer adequacy agreements (GDPR and Law Enforcement Directive) at the very last minute before the bridging period was due to expire. The 28 June agreement(1) is great news for business as for now, data transfers can continue as before under the GDPR.

As the UK GDPR is based on EU legislation, the data protection rules in the United Kingdom in many aspects closely mirror the corresponding rules applicable within the European Union, the Commission says.

“In its structure and main components, the UK legal framework applying to data transferred under this Decision is thus very similar to the one applying in the European Union. This includes the fact that such framework does not only rely on obligations laid down in domestic law, that have been shaped by EU law, but also on obligations enshrined in international law, in particular through the United Kingdom’s adherence to the ECHR and Convention 108, as well as its submission to the jurisdiction of the European Court of Human Rights. These obligations arising from legally binding international instruments, concerning notably the protection of personal data, are therefore a particular important element of the legal framework assessed in this Decision.”

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