Brexit update on data exchange with the EU:
EU has adopted adequacy decision for data transfers with the UK
At the last minute, the European Commission has now adopted an adequacy decision for data transfers with the UK. We had already reported on this development in our blog: Brexit: How does data transfer between the EU and the UK work?
What does the adequacy decision regulate?
The adequacy decision states that the level of data protection in the UK is comparable to that in the European Union. For details, read:
Decision on the adequate protection of personal data by the United Kingdom – General Data Protection Regulation
With the adoption of the adequacy decision, personal data may be transferred to the respective country without further authorisation, provided that the other provisions of the GDPR are complied with. Data transfers on the basis of an adequacy decision are therefore subject to privilege: i.e., they are treated in the same way as transfers within the EU.
What does this mean for senders of commercial emails?
In the future, senders will therefore be able to send data to the UK in compliance with the provisions of the GDPR, just as they do to EU countries. Further requirements do not have to be met. The decision therefore constitutes an enormous relief for senders: no new procedures have to be set up for data transfer with the UK and, with the adoption of this decision, we now also have long-term legal certainty.