header-logo header-logo

01 July 2021
Issue: 7939 / Categories: Legal News , Data protection
printer mail-detail

Data protection adequacy rating welcomed

Lawyers have welcomed the European Commission’s decision that UK data protection standards are ‘adequate’―however, weakening standards could lead to immediate revocation
The decision means digital information can continue to flow between the UK and European Economic Area (EEA) without additional safeguards being introduced.

Under the General Data Protection Regulation (GDPR), the European Commission determines whether third countries provide adequate protection for personal data. The Trade and Cooperation Agreement provided a bridging mechanism, which was due to end on 30 June 2021.

Kate Brimsted, partner at Bryan Cave Leighton Paisner, said: ‘This formal recognition of the adequacy of the UK’s data protection laws is a highly significant step. 

‘It will save EU businesses with UK-bound data flows―as well as their UK business partners―a considerable amount of red tape. The decision was not a forgone conclusion and objections and concerns were raised by the European Parliament during the process.’

However, she highlighted the fact the decision came with a built-in expiry date of four years.

‘As well as this, if the UK’s data policy innovations go too far for the European Commission’s liking, there is the ability to revoke the decision immediately,’ she said.

‘While this comes as a relief (if not a surprise), the UK will have to box clever when it comes to its post-Brexit liberalisation of laws, and its digital strategy-setting. The UK government’s TIGRR [Taskforce on Innovation, Growth and Regulatory Reform] report last month proposed replacing the GDPR with a “more proportionate framework”, something which sounds exactly the kind of move likely to endanger the UK’s adequacy decision, if taken up.’

Had the European Commission decision gone the other way, all those processing personal data would have been required to put in place appropriate safeguards or rely on exemptions in data protection law.

The Law Society, which has been urging members to hope for the best but prepare for the worst, welcomed the news but recommended members regularly review their contingency planning.

Law Society president I Stephanie Boyce said: ‘Though adopted, adequacy decisions are time-limited, subject to review and may even be challenged in the future especially if the UK diverges from EU regulation.’

Issue: 7939 / Categories: Legal News , Data protection
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
back-to-top-scroll