Monday 4 January 2021
The Treaty agreed with the EU will allow personal data to flow freely from the EU (and EEA) to the UK, until adequacy decisions have been adopted, for no more than six months.
This will enable businesses and public bodies across all sectors to continue to freely receive data from the EU (and EEA). The UK has, on a transitional basis, deemed the EU and EEA EFTA States to be adequate to allow for data flows from the UK.
So, what does this mean for Puzzel and its customers?
There is another transition period for up to six months in which data can flow freely between UK and EU/EEA without additional measures in place.
In the agreement, the EU and UK both commit to uphold high standards of data protection. The agreement provides that, for an interim period of up to six months from 1 January 2021, a “transmission” of personal data from the EEA to the UK shall not be considered as a transfer to a third country under EU law.
The intention appears to be that the Schrems II requirements – to assess UK laws and ensure that transferred personal data is protected to a standard essentially equivalent to the EU GDPR – will not apply during the interim period, since they are only relevant for transfers to third countries.
Given that the GDPR will be brought into UK national law by virtue of the European Union (Withdrawal) Act 2018 and the UK Data Protection Act 2018 (“DPA 2018”), there is reason to hope that an adequacy decision may be achievable within this six-month interim period.
Puzzel will monitor the process going forward and implement necessary measures where applicable in case an adequacy decision is not achieved for the UK.