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23/02/2021

EU and UK data flow to continue post-Brexit

A welcome draft decision by the European Commission for a data adequacy agreement with the UK post-Brexit was announced on 22nd February 2021. This means that the EU believes that UK data legislation is sufficiently aligned with its own and will allow the free flow of data between the EU and UK to continue post-Brexit.

The draft decision which will allow the personal data of EU citizens to be transferred between the EU and the UK without being subject to any further conditions, is now dependant on approval from the European Data Protection Board and then EU member states. In January 2021 the UK determined that EU law offers adequate protection for UK citizens’ data which means that data can be transferred from the UK to the EU.

In the UK, the processing of data is governed by the ‘UK-GDPR’ and the Data Protection Act 2018 which are based on the EU GDPR. The European Commission has determined that these laws provide “similar safeguards, individual rights, obligations for controllers and processors, rules on international transfers, supervision system and redress avenues” as the equivalent EU laws.

Chris Taylor, Partner at Eaton Smith said; “the free flow of data between the EU and UK is essential to many businesses and this decision provides a greatly anticipated assurance for the continuation of business.”