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DATA PROTECTION - 22.10.2021

UK data protection given EU green light

Ending a period of uncertainty since February 2021, the European Commission has issued two “adequacy decisions” that will allow personal data to flow freely from the EEA to the UK, for example from a payroll provider based in the EEA. The two decisions relate to the GDPR and the Law Enforcement Directive . The decisions aren’t set in stone as at any point they could be revoked if the UK was felt to be diluting its data protection legislation. A belt and braces approach for employers would be to incorporate the new EU standard contractual clauses into their contracts with data processors or controllers.

Transfers of personal data from the EU to the UK are legal again but the EU could revoke them if the UK waters down its data protection rules so consider using the EU standard contractual clauses.