Data Transfers: Post-Brexit UK Receives Commission's Approval

On 28th June 2021 the European Commission adopted an adequacy decision under Regulation (EU) 2016/679 (GDPR) (the "Decision") for the transfer of data from the EEA to the UK, the first such decision in the post-Brexit era. As a result, the UK is now the 13th country considered officially as a third country which provides an adequate level of protection under Article 45(3) of the GDPR and personal data can move freely to it from anywhere in the EEA.

Challenging as it may have been, keeping up with EU legal developments during the Brexit transition period amidst political pressure on the government to dispose of the GDPR has been a key factor which has undoubtedly played a crucial role in taking this decision. As admitted by Commission VP, Vera Jurova, "the UK has left the EU but today its legal regime of protecting personal data is as it was. Because of this, we are adopting these adequacy decisions today."