Blog Article | AWG Consultancy

International data transfers have become increasingly complex following Brexit. Understanding the legal frameworks and compliance requirements is essential for organisations operating globally.

The Current Landscape

The UK now operates its own data protection regime under UK GDPR, separate from EU GDPR. While largely aligned, differences exist, and transfers between the UK and other countries require careful consideration.

UK to EU Transfers

The EU has granted the UK an adequacy decision, allowing personal data to flow freely from the EU to the UK. This decision is reviewed periodically, so organisations should monitor for changes.

EU to UK Transfers

Similarly, transfers from the UK to the EU and EEA countries are permitted without additional safeguards, as these countries are deemed adequate.

Transfers to Other Countries

For transfers to countries without adequacy decisions, organisations must implement appropriate safeguards:
• Standard Contractual Clauses (SCCs)
• Binding Corporate Rules
• Codes of Conduct
• Certification mechanisms

Transfer Impact Assessments

Following the Schrems II decision, organisations must assess whether the destination country provides adequate protection in practice. Consider local laws, government access powers, and available remedies.

Practical Steps

1. Map your international data flows
2. Identify the legal basis for each transfer
3. Conduct transfer impact assessments
4. Implement appropriate safeguards
5. Document your compliance measures
6. Monitor regulatory developments

Looking Ahead

The international data transfer landscape continues to evolve. New frameworks, adequacy decisions, and court rulings may change requirements. Stay informed and be prepared to adapt your compliance approach.