Data protection: Commission adopts adequacy decisions for the UK

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


The Commission has today adopted two adequacy decisions for the United Kingdom – one under the General Data Protection Regulation (GDPR) and the other for the Law Enforcement Directive. Personal data can now flow freely from the European Union to the United Kingdom where it benefits from an essentially equivalent level of protection to that guaranteed under EU law. The adequacy decisions also facilitate the correct implementation of the EU-UK Trade and Cooperation Agreement, which foresees the exchange of personal information, for example for cooperation on judicial matters. Both adequacy decisions include strong safeguards in case of future divergence such as a ‘sunset clause’, which limits the duration of adequacy to four years. 

Věra Jourová, Vice-President for Values and Transparency, said: “The UK has left the EU but today its legal regime of protecting personal data is as it was. Because of this, we are adopting these adequacy decisions today. At the same time, we have listened very carefully to the concerns expressed by the Parliament, the Members States and the European Data Protection Board, in particular on the possibility of future divergence from our standards in the UK’s privacy framework. We are talking here about a fundamental right of EU citizens that we have a duty to protect. This is why we have significant safeguards and if anything changes on the UK side, we will intervene”.

Didier Reynders, Commissioner for Justice, said: “After months of careful assessments, today we can give EU citizens certainty that their personal data will be protected when it is transferred to the UK. This is an essential component of our new relationship with the UK. It is important for smooth trade and the effective fight against crime. The Commission will be closely monitoring how the UK system evolves in the future and we have reinforced our decisions to allow for this and for an intervention if needed. The EU has the highest standards when it comes to personal data protection and these must not be compromised when personal data is transferred abroad.”

Key elements of the adequacy decisions

  • The UK’s data protection system continues to be based on the same rules that were applicable when the UK was a Member State of the EU. The UK has fully incorporated the principles, rights and obligations of the GDPR and the Law Enforcement Directive into its post-Brexit legal system.
  • With respect to access to personal data by public authorities in the UK, notably for national security reasons, the UK system provides for strong safeguards. In particular, the collection of data by intelligence authorities is, in principle, subject to prior authorisation by an independent judicial body. Any measure needs to be necessary and proportionate to what it intends to achieve. Any person who believes they have been the subject of unlawful surveillance may bring an action before the Investigatory Powers Tribunal. The UK is also subject to the jurisdiction of the European Court of Human Rights and it must adhere to the European Convention of Human Rights as well as to the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, which is the only binding international treaty in the area of data protection. These international commitments are an essential elements of the legal framework assessed in the two adequacy decisions.
  • For the first time, the adequacy decisions include a so-called ‘sunset clause’, which strictly limits their duration. This means that the decisions will automatically expire four years after their entry into force. After that period, the adequacy findings might be renewed, however, only if the UK continues to ensure an adequate level of data protection. During these four years, the Commission will continue to monitor the legal situation in the UK and could intervene at any point, if the UK deviates from the level of protection currently in place. Should the Commission decide to renew the adequacy finding, the adoption process would start again.
  • Transfers for the purposes of UK immigration control are excluded from the scope of the adequacy decision adopted under the GDPR in order to reflect a recent judgment of the England and Wales Court of Appeal on the validity and interpretation of certain restrictions of data protection rights in this area. The Commission will reassess the need for this exclusion once the situation has been remedied under UK law.

Background

On 19 February, the Commission published two draft adequacy decisions and launched the procedure for their adoption. Over the past months, the Commission has carefully assessed the UK’s law and practice on personal data protection, including the rules on access to data by public authorities in the UK. The Commission has been in close contact with the European Data Protection Board, which gave its opinion on 13 April, the European Parliament and the Member States. Following this in-depth process, the European Commission requested the green light on the adequacy decisions from Member States’ representatives in the so-called comitology procedure. The adoption of the decisions today, following the agreement from Member States’ representatives, is the last step in the procedure. The two adequacy decisions enter into force today.

The EU-UK Trade and Cooperation Agreement (TCA) includes a commitment by the EU and UK to uphold high levels of data protection standards. The TCA also provides that any transfer of data to be carried out in the context of its implementation has to comply with the data protection requirements of the transferring party (for the EU, the requirements of the GDPR and the Law Enforcement Directive). The adoption of the two unilateral and autonomous adequacy decisions is an important element to ensure the proper application and functioning of the TCA. The TCA provides for a conditional interim regime under which data can flow freely from the EU to the UK.  This interim period expires on 30 June 2021.

the sting Milestones

Featured Stings

Can we feed everyone without unleashing disaster? Read on

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Stopping antimicrobial resistance would cost just USD 2 per person a year

Protecting European consumers: Safety Gate efficiently helps take dangerous COVID-19 products off the market

EU trade agreements deliver on growth and jobs, support sustainable development

European Youth Event 2016 – bridge between youth and policy makers

Civilians ‘must never be a target,’ says UN in Afghanistan, amid troubling number of casualties during Ramadan

Digital business is Europe’s best hope to get back to growth

Australia urged to evacuate offshore detainees amid widespread, acute mental distress

Strict alcohol laws which cut intake more than 40 per cent in Russia, linked to historically high life expectancy

Unemployment and exclusion brings EU cities to boiling point

Cyber-Risk Assessments: the vaccine for companies in the Fourth Industrial Revolution

Why the global trade of chemicals is key to COVID-19 recovery

These are the world’s best universities by subject

ISIS fighters fleeing Mosul for Syria can topple Assad. Why did the US now decide to uproot them from Iraq?

If we want to solve climate change, water governance is our blueprint

EU revengefully shows no mercy to Cameron by demanding a fast and sloppy Brexit now

Turkey presents a new strategy for EU accession but foreign policy could be the lucky card

The EU Parliament sidesteps the real issues about banks, while the US target the Eurozone lenders

These scientists are using sound waves to filter plastic fibres from washing machine wastewater

State aid: Commission approves € 1.6 billion Polish scheme to compensate companies for damages suffered due to coronavirus outbreak and provide liquidity support

How climate change can be addressed through executive compensation

North Korea missile tests ‘deeply troubling’: senior UN official

A Young student assesses the Programme for International Student Assessment (PISA)

How we planted more than 5,000 trees during the COVID-19 pandemic

Draghi cuts the Gordian knot of the Banking Union

‘Democratic aspirations of the Sudanese people’ must be met urges Guterres, following military removal of al-Bashir from power

5G security: Member States report on progress on implementing the EU toolbox and strengthening safety measures

These are the ‘positive’ tipping points that could slow global warming

EU Budget: A Reform Support Programme and an Investment Stabilisation Function to strengthen Europe’s Economic and Monetary Union

African cooperation on peace ‘increasingly strong’, Security Council told

Why the Greeks forgave Tsipras’ pirouettes around austerity and voted again for SYRIZA

Who can compel Wallonia to unlock CETA, the EU-Canada free trade pack?

EU adopts €55 million support package for Syrian refugees and local communities in Jordan and Lebanon to mitigate coronavirus pandemic

Eurobarometer survey: Majority of EU citizens positive about international trade

Social, cultural diversity ‘an enormous richness, not a threat’ Guterres declares calling on investment for a harmonious future

Plastic waste from Western countries is poisoning Indonesia

EU at UNGA 76: working together to address global challenges

Atomic agency cites concerns over Iran testing sites, offers COVID-19 assistance

EU-China Leaders’ meeting: Delivering results by standing firm on EU interests and values

ILO’s Bureau for Employers´Activities to publish new study on women in business and management

Yemen: ‘A great first step’ UN declares as aid team accesses grain silo which can feed millions

Kids who live in the countryside have better motor skills, a study in Finland has found

Taxation: Commission refers Poland to Court for failing to remove certain tax exemptions on the use of energy products by highly polluting businesses

This project is using AI and drones to track and protect great white sharks

The global issue of migration in 2017

High anxiety calls for innovation in digital mental health

An alternative to the future of antimicrobial therapy

IMF: How To Deal With Failed Banks

World’s most powerful tidal turbine pumps out greener electricity in Scotland

Coronavirus fears may have driven over 300,000 UK smokers to quit

On the Global Day of Parents, UNICEF is urging support for parents to give children ‘the best start in life’

The dangers of data: why the numbers never tell the full story

COVID-19 shows why we must build trust in digital financial services

Can a Bavarian Oktoberfest beer indulger bring down the Berlin government?

Combatting antisemitism requires ‘solidarity in the face of hatred’, says UN chief

EU’s new sanctions on Russia into force “in the next few days”: strength, weakness or strategy?

EU to set up new European Partnerships and invest nearly €10 billion for the green and digital transition

Courage of terrorism survivors underlines ‘urgency’ of UN Investigative Team’s work in Iraq

Women-Friendly Spaces for Rohingya refugees: A place for protection and care

Plans to keep EU budget funding in 2020 in the event of a no-deal Brexit

Most US students aren’t learning about climate change. Parents and teachers think they should

GSMA Mobile World Congress Americas

More Stings?

Comments

  1. I am very pleased with the Commission’s decision on data protection. I believe that this will help to strengthen and secure my personal information. In addition, this is a great opportunity for companies in the EU looking to expand their operations into the UK while still maintaining adequate data protection measures. Please visit my blog,  https://rpo.techfetch.com/

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: