In the Brexit deal of December 24, 2020, it was agreed that the transfer of personal data to the United Kingdom will remain possible for the first four months in 2021, without additional measures. It is required that the United Kingdom does not change the rules for the protection of personal data during this period. This exceptional situation can be extended for another 2 months. The period of four months can be extended by another two months.)
The hope and expectation is that the European Commission (EC) will make an adequacy decision during the transition period and designate the UK as a country with an adequate level of protection.
> What if this succeeds?
If the European Commission (EC) designates the United Kingdom as a country with an adequate level of data protection, this means that no additional measures will be required for the transfer of personal data from European member states to the United Kingdom. Of course, the same measures will have to be taken as for data processing within the European Union (such as: DPIAs, (processor) agreements, privacy notices).
> What if this fails?
If the EC doesn't make an adequacy decision within four or six months, the UK will be a 'third country' without an adequate level of protection. This means that personal data can no longer be transferred to the UK without additional measures. Additional measures will then be required to be able to transfer personal data to the UK. In particular, one can think of using the model agreement approved by European Commission (standard contractual clauses) with the British party receiving personal data from the VU (SCCs), in combination with implementing additional safeguards such as encrypting the personal data.
at the moment, no additional measures need to be taken for the transfer of personal data to the United Kingdom. On 1 May 2021 (or after extension on 1 July 2021) it will become clear what the final situation will be. The Department of Institutional and Legal Affairs of the VU (BJZ) is closely following the developments and will keep you informed. If you have any questions about this, please contact [email protected]