ARTICLE · 17 MAY 2021

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Adequacy Decisions Under The UK GDPR And Data Protection Act 2018

RadcliffesLeBrasseur

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In January 2021, the UK Information Commissioner's Office (ICO) and the Department of Culture, Media and Sport (DCMS), under which the ICO sits, signed a joint Memorandum of Understanding (MOU)...

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Alan Meneghetti

In January 2021, the UK Information Commissioner's Office (ICO) and the Department of Culture, Media and Sport (DCMS), under which the ICO sits, signed a joint Memorandum of Understanding (MOU) detailing the process to be followed when the Secretary of State makes a decision regarding the adequacy of third countries.

The MOU details an agreed understanding between the parties on the role and responsibilities of the ICO in relation to UK adequacy assessments. This includes the status of the views of the ICO, and the respective roles and responsibilities of the DCMS and ICO in adequacy decision-making by the Secretary of State.

Adequacy decisions are made by the Secretary of State under section 17A (general processing) or section 74A (law enforcement processing) of the UK Data Protection Act 2018 (DPA). These decisions give effect to a finding by the Secretary of State that the specified country ensures an 'adequate' level of protection of personal data. In the

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