EU-UK data transfers – update

30/03/21 – As part of the Trade and Cooperation Agreement announced just before Christmas, the EU and the UK agreed a six-month ‘bridging period’ allowing transfers of personal data from the EEA to the UK to continue freely until 30th June 2021 – more detail here.  Half-way through the bridging period is probably a good […]

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Transfer Impact Assessment – what is it, and do I need to do one?

In July 2020 the European Court of Justice in its ‘Schrems II’ judgment invalidated the EU-U.S. Privacy Shield.  In their judgement the ECJ, whilst upholding Standard Contractual Clauses (SCCs) as a transfer tool, made it clear that data exporters (i.e. organisations within the EEA which transfer personal data to countries outside the EEA) must “verify, prior […]

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How to draft a privacy policy

Article 13 of the GDPR (now incorporated into UK law, as amended) states that at the time you collect personal data from individuals you must provide them with certain information.  The usual way of providing this information is via a privacy notice (also called a ‘privacy policy’ or, in GDPR-speak, a ‘fair processing notice’), which […]

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What is a Data Processing Agreement (DPA)?

A Data Processing Agreement (or ‘DPA’) is an agreement which confirms the terms on which one party (the ‘processor’) processes personal data provided or made available by another party (the ‘controller’) Examples of data processing include arrangements where an organisation provides details of its employees and their remuneration packages to a payroll services provider, or […]

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EU-UK data transfers from 1st January 2021 – where are we?

29/12/20 – Prior to the announcement of the EU-UK Trade and Cooperation Agreement [1], I was having to explain to a client that it was looking increasing likely that, from 1st January 2021, transfers of personal data from organisations located in EEA countries to the UK would no longer be lawful.

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Special category data – what do I need to know?

Ok, let’s start with the basics.  What is ‘special category data’? Article 9 of the GDPR (as incorporated into UK law, and amended) (“UK GDPR”) defines special category data as: Personal data revealing: racial or ethnic origin political opinions religious or philosophical beliefs trade union membership. Data concerning: health a person’s sex life a person’s […]

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Demise of the EU-U.S. Privacy Shield

23/07/20 – If you, as a ‘data exporter’, want to transfer personal data to a country outside the EEA (and which is not one of the 12 countries that have been granted an adequacy decision by the European Commission), then you need to use one of the GDPR-approved ‘transfer mechanisms’.

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