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Comment—EU-UK Trade and Cooperation Agreement impact on data protection

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Published on: 29 December 2020

Published by LNB News

LNB News 29/12/2020

Document Information

Issue Date: 29 December 2020

Published Date: 29 December 2020

Jurisdiction(s): England, Northern Ireland, Scotland, Wales and European Union

Article summary

The EU-UK Trade and Cooperation Agreement (TCA) agreed between the EU and the UK contains provisions relating to data protection, though a data adequacy decision from the EU remains pending. In the short term, the most significant from a compliance perspective is the temporary ‘bridging mechanism’, which allows the free flow of data from the EEA to the UK to continue after the Brexit transition period ends at 11 pm on 31 December 2020 (IP completion day), until adequacy decisions for the UK can be adopted under the EU General Data Protection Regulation and Law Enforcement Directive. Eleonor Duhs, director and barrister at Fieldfisher, comments on the agreement, and its impact for UK-EEA data flows.

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