Following the long awaited, and very last minute, Trade and
Cooperation Agreement put in place between the UK and the EU on
Christmas Eve we summarise the headlines concerning data transfers
as from January 2021:
Transfers from UK to EEA
These will remain subject to the UK's GDPR (which is more or
less identical in substance to the EU's GDPR). The UK has
confirmed that such transfers are not restricted and so can
continue as before without the need for any transfer mechanisms to
be put in place.
Transfers from UK to third countries outside the EEA
The position remains similar to the current GDPR rules. Although
the UK will in due course make its own adequacy decisions, for the
time being existing EU adequacy decisions apply and the EU approved
standard contractual clauses (SCCs) can continue to be used where
there is no finding of adequacy.
