- EDPB’s opinion on the draft adequacy decision for the UK under the EU GDPR
- What is the background to the EDPB’s opinion?
- What does the opinion say?
- What are the key areas of challenge identified in the opinion?
- What are the implications of the opinion?
Information Law analysis: On 15 April 2021 the European Data Protection Board (EDPB) published its (non-binding) opinion regarding the draft adequacy decision for the UK under the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). The opinion recognises that many aspects of the UK regime are ‘essentially equivalent’ as required. However, it primarily focuses on a number of concerns held by the EDPB. Addressing those concerns would require further analysis and work by the European Commission. The EDPB also emphasised the need for continuous and close monitoring of the UK regime once an adequacy decision is granted. Assuming the adequacy decision is ultimately granted, the EDPB’s opinion underscores the risk of legal challenge or that subsequent divergence by the UK from EU standards will see the UK’s adequacy suspended.
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