From Safe Harbour to Data Bridge: Where there is trade there is a will
Alex Dittel of Wedlake Bell warns that UK businesses may still need comprehensive contracts with their US counterparts to avoid UK personal data being used for other purposes.
The UK-US Data Bridge, which entered into force on 12 October 2023 following the European Commission’s earlier EU-US adequacy decision adopted on 10 July 2023, ends almost three years of uncertainty about data transfers compliant with the General Data Protection Regulation (GDPR). The Schrems 2 decision on 16 July 2020 elevated the “essentially equivalent” test to all levels of data transfers. It led to a flurry of compliance activity introducing transfer impact assessments (TIA) as part of supplier due diligence, and various supervisory authority findings against Google Analytics 4.0, culminating in a €1.2 billion fine against Meta for its EU-US data transfers based on standard contractual clauses (SCCs).
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