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Changes to UK Data Transfer Mechanisms

September 2nd, 2021

News on international personal data transfers from the UK

If you transfer personal data from the UK to countries without adequacy status, such as the USA, your organisation needs to be aware that from late 2021 or early 2022 new mechanisms for secure transfers will be introduced in the UK:

  • International Data Transfer Agreement (IDTA): this will be a UK equivalent to the EU’s standard contractual clauses (SCCs) and is most likely to be used for transfers of personal data to a single country.
  • UK Addendum to the EU SCCs: this can be appended to the recently approved EU SCCs and is most likely to be used for transfers involving EU data; it will reduce the need for organisations to use both EU SCCs and the UK IDTA.

These are currently available in draft form for consultation.  

The proposed changes are explained in the BHBIA’s new guide ‘International data transfers under the UK GDPR’.  You will find this guide in the Privacy & Data Protection section of the website, or you can download it directly below:

Other news:

UK Government plans to reform UK data law

In late August, the UK Government announced plans to “seize the opportunities of data” to boost growth, increase trade and improve healthcare.  Included in these plans the government has named key territories with which it will prioritise striking ‘data adequacy’ partnerships now it has left the EU as the United States, Australia, the Republic of Korea, Singapore, the Dubai International Finance Centre and Colombia.  Future partnerships with India, Brazil, Kenya and Indonesia are also being planned.  It is unclear to what extent any reforms will diverge from the General Data Protection Regulation (GDPR).  In a BBC news article Andrew Dyson, a data protection expert at law firm DLA Piper, said these announcements amounted to the "first evidence" of "a bold new regulatory landscape for digital Britain post-Brexit".

New UK Information Commissioner

The government has also named New Zealand Privacy Commissioner John Edwards as its preferred candidate to be the UK’s next Information Commissioner; he is likely to take up the post in November this year.

For further information go to: https://www.gov.uk/government/news/uk-unveils-post-brexit-global-data-plans-to-boost-growth-increase-trade-and-improve-healthcare