From the Blog

What Is An Adequacy Agreement

The EU does not just want to give the UK the adequacy of the data to change our regime a bit, and it has to withdraw it. We also see evidence that it may be necessary to relax or have some flexibility to enter into trade agreements with other countries and to have a free flow of data with those other countries, which in turn is a kind of wake-up call about the adequacy of the data. If, after Brexit, the UK becomes a “third country” for reasons of legal certainty and as the strongest guarantee of the free movement of personal data, a decision of adequacy can be seen as a preferred approach. In general, the Commission is examining whether a country outside the EU offers an adequate level of data protection. National (general and sectoral) law, international obligations, existing and functional obligations The supervisory authority (The Office of the Information Commissioner, ICO) will be reviewed. The UK Government believes that a “adequacy decision” should be easy to obtain, given that the RGPD is introduced into UK local law and the UK, as a former EU member state, has a long tradition of protecting personal data. According to the government, the UK data protection framework will be fully aligned with the RGPD when it leaves the EU. However, some challenges have arisen: at the end of the transition period, EU law will be introduced into national law and any national legislation that respects EU obligations will also be spared. Together, these two elements will form a new law in the United Kingdom, called “EU law” retained. What will happen to the data protection landscape? The RGPD, which will be saved in UK law at the end of the transition period and renamed uk RGPD, will initially be very similar to its EU counterpart. This is important because the effects of non-proportionality are really important. There have been some recent studies of UCL that do not have the financial cost to British companies as big as huge.

But there is also the security context. If the EU and the UK are no longer able to cooperate on the exchange of data for law enforcement purposes, the prevention of serious criminal activity and terrorism, this will have an impact on security. The European Parliament and the Council can at any time ask the European Commission to maintain, amend or withdraw the adequacy decision, on the grounds that its act exceeds the enforcement powers provided for by the regulation. “I am very concerned about the zeal of the European Commission to adopt a so-called adequacy decision when it is anything but clear that the UK government can familiarise itself with our data,” she said. The adoption by the European Commission of a decision on adequacy with regard to the United Kingdom would ensure a comprehensive and clear agreement allowing the transfer of personal data from the EU to the UK. The European Commission has already adopted a a suitability decision for several countries under the 1995 directive and adequacy discussions are under way with Japan and South Korea.

Comments are closed.