At the outset, it must be remembered that the United Kingdom withdrew from the European Union on January 31, 2020. Thus, it was necessary to regulate the issue of data transfer between that country and the Community. As a result, after several months of work, the European Commission adopted on June 28 this year. An executive decision issued on the basis of Regulation (EU) 2016/679 of the European Parliament and Council (GDPR), which provides for the appropriate level of personal data protection by the United Kingdom.
Additional authorization is not required
As the Prime Minister’s Chancellery explains, “The European Commission has exercised the authority specified in Art. 45 sec. 3 General Data Protection Regulation (GDPR), according to which it may – by way of implementing law – adopt a determination that a particular country, territory, sector or sectors in that third country or international organization that guarantees an adequate level of protection.” Accordingly, “the adoption of such a resolution allows the transfer of data to that country without any additional licence.”
“In order to make an adequacy decision for the United Kingdom, the European Commission had to conduct a comprehensive analysis of the legal system in that country. The analysis included provisions on the rights of data subjects, limitations and safeguards in the field of public authorities’ access to personal data, as well as safeguards to ensure a level of protection “compatible with Basically with” the level of protection offered in the European Union. Union “- reads the Prime Minister’s Office.
In the opinion of the Prime Minister’s Chancellery, the decision on the suitability of Great Britain was timely. why? This is due to the fact that by June 30 this year. The so-called specific period, negotiated by the European Union and the United Kingdom, during which the transfer of personal data from the community to the United Kingdom is not considered as a transfer to a third country.
Thanks to the adoption of the UK Suitability Decision by the European Commission, it will allow the transfer of data between the Group and the UK based on the said legal instrument.
“The UK suitability decision includes a mechanism known as a time-lapse clause, which has not yet been used in this type of legal instrument. It was adopted for a fixed period of time – ending on 27 June 2025. It is likely that its application period will be extended. This solution is to empower the Commission European Union to monitor the actual and legal framework on which the adequacy decision is based on an ongoing basis”, assures the Prime Minister’s Chancellery.
He also adds, the suitability decision does not yet cover data transfers for UK immigration control purposes and is the result of a ruling by the UK National Court on the interpretation of data protection rights limitations in this area. “This exception will be checked on an ongoing basis by the European Commission on the basis of the UK’s planned legal solutions in this area,” the statement said.
It should also be noted here that on Monday the European Commission also adopted an Executive Decision on the basis of Directive (EU) 2016/680 of the European Parliament and the European Council, which declared an adequate level of personal data protection by the United States. kingdom.
Press release from the Prime Minister’s Chancellery