Brexit: Deal Includes Extension for Data Adequacy Negotiations
24 Dec 2020
On 31 December, the UK and EU came to an agreement on the post-Brexit trade deal.
The deal covers the contentious issues industries such as fishing, agriculture, some elements of free trade and some elements of security and governmental cooperation.
While this will be a relief to most, and the DMA welcomes this agreement that avoids the potential horrors of a No Deal exit, there are some significant points that have not (or in some cases, not yet) been agreed.
- This bridge period starts on the date the new deal takes effect and will last a maximum six months, or end as soon as the EU’s data adequacy decision has been finalized, which is expected to happen in early 2021.
- Personal data shipped to the U.K. during this interim period “shall not be considered as transfer to a third country” under EU law, the document says, adding that the U.K. has to suspend its own transfer mechanism.
- If the U.K. applies a new transfer tool to ship data to a third country during the interim period, it should “as far as is reasonably possible” inform the EU.
- Both sides committed to upholding high levels of data protection standards and to ensure “cross-border data flows to facilitate trade in the digital economy” without imposing limits on where data can be stored or processed.
Furthermore, the fact there is a deal of some kind may supply some goodwill and greater impetus to agree a data adequacy agreement.
Nonetheless, we still can't say an adequacy deal is likely, as recent developments would suggest.