The impact on UK's data protection regime and steps UK
charities need to take to ensure personal data can continue to flow
across UK-EEA borders.
The European Commission has published a draft adequacy
decision in respect of the UK's data protection
regime. This means that, assuming the adequacy decision is adopted,
personal data can continue to flow between the European Economic
Area ("EEA") and the UK on the basis of
this adequacy decision.
The above is the technical legal part. Below we explain in more
detail what this means practically for UK charities.
What has been the position on data protection post-Brexit so
far?
Moving away from the EU GDPR to a new UK GDPR
On 31 December 2020, the transition agreement between the UK and
the EU ceased to apply and the new trade and co-operation agreement
took effect. From this point, the UK was no longer subject to EU
regulations, including the EU's General Data Protection
Regulation ("EU GDPR").