Brexit: European Commission allows personal data to continue flowing freely to the United Kingdom

SÉRVULO PUBLICATIONS 30 Jun 2021

On 28 June, the European Commission adopted two adequacy decisions for the United Kingdom, one under the General Data Protection Regulation ("GDPR") and the other for the Law Enforcement Directive, recognizing that the UK ensures an adequate level of protection for personal data transferred from the European Union to the United Kingdom.

With these adequacy decisions, and despite the United Kingdom's withdrawal from the European Union, personal data may continue to be freely transferred from the European Union to the United Kingdom without the need for additional safeguards or authorizations in accordance with the GDPR.

However, any transfers made for UK immigration control purposes, or which may be processed under certain conditions for that purpose and which restrict the rights of individuals, are excluded from the scope of the adequacy decision under the GDPR and cannot be transferred on the basis of that decision.

Both decisions are valid for a limited period of four years.

Catarina Mira Lança | cml@servulo.com