The commission launched the process for two adequacy decisions for transfers of personal data to be adopted, one under the General Data Protection Regulation and the other for the Law Enforcement Directive. Next steps include gaining the approval of a committee of representatives of the EU member states.
Didier Reynders, commissioner for justice, said: ‘A flow of secure data between the EU and the UK is crucial to maintain close trade ties and cooperate effectively in the fight against crime.’
Currently, data flows between the UK and European Economic Area (EEA) courtesy of an interim regime established by the EU-UK Trade and Cooperation Agreement, which is due to expire on 30 June 2021.
David Greene, president of the Law Society, said adoption of the two decisions ‘would be of significant benefit to our members and their clients.
‘Without formal adequacy recognition, UK organisations will need to have in place alternative safeguards to ensure they may continue to receive personal data from the EU and EEA, such as standard contractual clauses or another transfer mechanism. Until the adequacy decisions are adopted, we continue to advise the profession to continue to prepare in the event that adequacy is not approved by the EU.’
A report published by the Centre for European Reform (CER) this week highlighted the need for the UK government to try to reduce the risk of restrictions on the cross-border flow of data.
The report, ‘Keeping up appearances: what now for UK services trade?’, also called on the government to create a stable policy environment, liberalise its immigration regime and seek continued preferential access to the EU market where possible. This would help make the UK an attractive location in which multinational services firms can invest and establish themselves.
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