Policy paper
Explanatory framework for adequacy discussions
The United Kingdom is seeking adequacy decisions from the European Commission in order to maintain the continued free flow of personal data between the European Union and United Kingdom and Gibraltar. This document provides an overview of the UK鈥檚 comprehensive legal framework underpinning high data protection standards.
This was published under the 2019 to 2022 Johnson Conservative government
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Details
In his statement of 3 February 2020, the Prime Minister confirmed that it is the United Kingdom鈥檚 intention to secure adequacy decisions from the European Commission to enable personal data to continue to flow freely from the European Union to the United Kingdom and Gibraltar.
Adequacy decisions are the European Commission鈥檚 legal mechanism to facilitate the free flow of personal data from the European Union to third countries. They can encompass data flows under the GDPR for general and commercial purposes and data flows under the LED for law enforcement purposes.
Adequacy decisions, delivered through Article 45 of the GDPR and Article 36 of the Law Enforcement Directive, confirm that the third country鈥檚 data protection standards are 鈥榚ssentially equivalent鈥� to those of the European Union. They are adopted on the basis of a positive assessment of the third country鈥檚 data protection framework by the European Commission.
This comprehensive pack of explanatory material provides an overview of the United Kingdom鈥檚 legal framework underpinning high data protection standards in order to assist the European Commission in conducting its assessment.
Updates to this page
Published 13 March 2020