Brexit/GDPR: European Commission Publishes Draft Adequacy Decision for Data Transfers

By and on February 23, 2021

On 19 February 2021, the European Commission published the draft for an adequacy decision regarding transfers of personal data to the UK. For businesses in the European Union (and EEA) who transfer data to business partners and vendors in the UK, it will be crucial that the final decision is made before the end of June 2021.

Thanks to an additional transitional period for data transfers in the last-minute EU-UK Trade and Cooperation Agreement (TCA), the worst fears of data protection experts that the UK could become a “third country” overnight did not materialise. However, this period ends no later than in June 2021.

While the chances that final decision will be issued in time have now increased, companies in the EU/EEA should be aware that this is not guaranteed. In case the Commission fails to authorize data transfers to the UK, businesses should – if no other safeguards are present – be prepared enter into the standard contractual clauses (SCCs, aka Model Contracts) in order to comply with the GDPR.

McDermott can help you with identifying data transfers to the UK and choosing the right SCCs.

Dr. Claus FärberDr. Claus Färber
  Dr. Claus Färber focuses his practice on all legal aspects related to the telecoms, media and technology industries and is a member of the German Telecom, Media and Technology (TMT) practice group in Munich. Claus advises on major cooperation and framework agreements in IT, ecommerce and communications, such as internet access in aircraft, Wi-Fi hotspots, roaming, cloud platforms and machine-to-machine communications (M2M). These projects often break new grounds from a technological and commercial as well as legal view and regularly touch multiple sectors of the law, including telecommunications, information technology and intellectual property law, and also require an understanding of the economic technological background. Read Dr. Claus Färber's full bio.


Ralf WeisserRalf Weisser
Dr. Ralf Weisser advises on mergers, acquisitions, outsourcing and licensing transactions, drafting and negotiation of commercial contracts, regulatory matters and litigation. He is co-head of the German Telecom, Media and Technology (TMT) and the Firm’s Licensing, Technology and Media practice groups. Read Dr. Ralf Weisser's full bio.

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