Jurisdiction(s):
United Kingdom

UK-EU data flows post-Brexit: TCA bridging mechanism, adequacy timeline, UK GDPR changes, law enforcement transfers, data localisation, and compliance steps

Published on: 31 December 2020

Published by a LexisNexis Information Law expert

Legal News

Article summary

For data protection specialists, the EU–UK TCA brings encouraging developments. Unrestricted data movement between the EEA and the UK will carry on beyond the close of 2020 (Article FINPROV.10A(2) also confirms flows from Iceland, Lichtenstein and Norway to the UK). That outcome is warmly welcomed. Recent studies indicated that implementing substitute transfer tools might have set UK firms back £1.6bn. Such a sum reflects funds businesses could otherwise have directed to areas like new kit, staff or procedures, yet would instead be siphoned off to compliance spend or higher prices for goods and services due to interruptions to EU–UK data transfers. Data may likewise keep moving freely for law enforcement transfers. That is essential. Maintaining the sharing of data to prevent and detect crime is vital to protecting people on both sides of the Channel. Without this continuity, many organisations would have faced urgent, complex contractual workarounds. The arrangement therefore preserves business investment and operational certainty while limiting unnecessary friction at the border. It also sustains public safety by keeping crucial information available to authorities engaged in law enforcement activities.

What about EU adequacy for the UK?

Adequacy decisions for the UK under the EU General Data Protection Regulation, Regulation...

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