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ARTICLE · 31 MARCH 2022

Introduction Of New UK Standard Contractual Clauses For Personal Data Transfer

In connection with Brexit; the UK approved the continued use of the EU Standard Contractual Clauses applicable at that time for personal data transfers from the UK to third countries.

European UnionPrivacy

Background

Data protection rules in the EU and United Kingdom generally restrict transfers of personal data to third countries which have a legal framework assessed as providing inadequate protection for individuals' rights and freedoms in respect of their personal data.

A data transfer will however be permitted to such third countries where (in accordance with GDPR and UK GDPR, as applicable) appropriate safeguards are put in place to protect the personal data being transferred. An example of an "appropriate safeguard" is the use of the Standard Contractual Clauses, which are designed to impose certain obligations on the data exporter and data importer while preserving the rights of individuals whose personal data is transferred.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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