Privacy

UK IDTA comes into force

21/03/22 – As expected, the International Data Transfer Agreement (IDTA), as well as the Addendum to EU SCCs, came into force today as appropriate safeguards for transfers of personal data from the UK to third countries under Article 46 of the UK GDPR.  As part of the transitional arrangements the old EU SCCs (with appropriate […]

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What’s happening with UK international data transfers?

01/02/22 – If you or your organisation transfers, or may transfer, personal data to third countries, i.e. countries that are not considered to have an ‘adequate’ level of data protection (which currently includes the U.S.), then read on.  If not, then feel free to skip. Back in August last year we looked at a brand new international […]

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What’s happening with SCCs? – Part 3 (UK SCCs)

Part 1 and Part 2 of the What’s been happening with SCCs? updates have tracked the EU’s and the UK’s progress in developing standard contractual clauses (SCCs) to deal with the transfer of personal data to third countries, i.e. countries that are not considered to have an ‘adequate’ level of data protection, as well as […]

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EU-UK data transfers – final update

05/07/21  (updated) – As part of the Trade and Cooperation Agreement 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, to give the European Commission enough time to adopt the adequacy decisions which are necessary to […]

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What’s happening with SCCs? – Part 2

09/06/21 – At the end of last week, and more than three months later than originally expected, the European Commission published final versions of its new standard contractual clauses (SCCs) for the transfer of personal data to third countries (New EU SCCs). The New EU SCCs replace the standard contractual clauses adopted by the European […]

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What’s happening with SCCs? – Part 1

05/05/21 – If your organisation does not transfer personal data to ‘third countries’, i.e. countries outside the EEA that do not have a UK adequacy finding, then breathe a sigh of relief and feel free to go and do something else.  If, however, your organisation does transfer personal data to a ‘third country’ (which for […]

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UK adequacy decisions – lukewarm thumbs-up from the EDPB

15/04/21 – If you’ve been following the progress of the UK adequacy decisions (see updates from December 2020 and March 2021), you will know that we have been waiting for the European Data Protection Board’s opinions on the draft UK adequacy decisions.  As per the EDPB’s press release yesterday, these opinions have now been adopted. […]

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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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European Commission publishes draft UK adequacy decisions

22/02/21 – On 19 February 2021 the European Commission published two adequacy decisions, one for transfers of personal data to the UK under the GDPR and the other under the Law Enforcement Directive.  Although perhaps not surprising, this is still a positive step because it means the Commission has concluded that the UK does ensure […]

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