EU/UK: EU set to renew UK data flow deal

EU plans to renew post-Brexit data agreement, securing business continuity and regulatory certainty for data transfers between the UK and the EU.

The key points: The European Commission is embarking on renewing the adequacy decision enabling personal data flows between the EU and the UK. Though generally supportive of the UK’s new data protection regime, the Commission will closely monitor any future changes that affect international transfer standards. The process includes input from the European Data Protection Board and EU member states.

Why this matters: Adequate data protection is crucial for cross-border business between the EU and the UK. Any perceived weakening could disrupt data flows, affecting companies’ ability to operate seamlessly and comply with regulations like GDPR. This first-step move from the Commission signals that it views data transfers between the EU and UK as secure into the future.

What might happen next: Next steps include a formal opinion from the European Data Protection Board and approval from EU member state representatives. Both of these are expected to happen. The Commission says it will keep a close watch on any future changes that might affect data protection standards related to international transfers. 

Contentious issues remain: On the contentious issue of the immigration exemption, courts previously found UK law out of line with EU data protection standards. However, amendments to the UK Data Protection Act 2018 have now placed the exemption on a statutory footing with “strict conditions.” As a result, the Commission decided the renewed adequacy decision will cover personal data processed for immigration control under the updated exemption.

See this detailed article on Lexology