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ARTICLE · 26 DECEMBER 2022

The UK's First Data Adequacy Regulation Bridges The Data Transfer Gap With South Korea

Ropes & Gray
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On 19 December 2022, the UK's Data Protection (Adequacy) (Republic of Korea) Regulations 2022 ("UK Korea Adequacy Regulation") entered into force, following an agreement in principle

GlobalPrivacy
Christopher Foo
Christopher Foo

On 19 December 2022, the UK's Data Protection (Adequacy) (Republic of Korea) Regulations 2022 ("UK Korea Adequacy Regulation") entered into force, following an agreement in principle on 5 July 2022 and the UK government's announcement on 23 November 2022. Organizations can now transfer personal data between the UK and South Korea without the requirement to conduct a transfer impact assessment or to enter into a data transfer mechanism under Article 46 of the GDPR (as adapted into UK national law as the "UK GDPR"), such as an International Data Transfer Agreement or Addendum.

Background

Under Article 45 of the GDPR, the European Commission ("EC") may determine that a country, territory, or one or more specified sectors within that country, ensures an adequate level of protection over personal data transferred from the European Economic Area. If so, organizations will be able to transfer personal data subject to the GDPR to such a country, territory or sector

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