UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations
UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations
  • Legacy data in the UK
  • Transfers from the EEA to UK—a unique mechanism
  • Summary
  • Guidance from supervisory authorities
  • Obligations under the GDPR regimes
  • Identifying a restricted transfer
  • Making otherwise restricted transfers
  • Adequacy decisions and adequacy regulations
  • The Privacy Shield—an invalidated mechanism
  • More...

On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the general prohibitions under Chapter V (Transfers of personal data to third countries or international organisations) of:

  1. the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) regime (applicable under UK law until the end of the Brexit implementation period at 11 pm UK time on 31 December 2020 and remaining applicable in EEA states thereafter—any references to EEA or EU states in this Practice Note should therefore be read to also include the UK until the end of that implementation period), and

  2. the Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime (applicable under UK law from the end of the Brexit implementation period on 31 December 2020)

Chapter V of the UK GDPR regime is heavily based on Chapter V of the EU GDPR (though with some adaptations). Where there is no need to distinguish the two regimes, this Practice Note refers to both as the ‘GDPR’ regimes for convenience. Given the extent of data flows between the EEA and UK and how long it takes for data protection cases to be resolved or historic issues to otherwise arise, the EU GDPR regime will remain of particular interest to UK practitioners.

For more detailed guidance on each regime,

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