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BY THE SLOVENIAN DATA PROTECTION AUTHORITY: Transfers Towards The United Kingdom: The European Commission Has Issued The Adequacy Decisions.

BY THE SLOVENIAN DATA PROTECTION AUTHORITY: transfers towards the United Kingdom: the European Commission has issued the adequacy decisions.

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On the 28th June 2021 the European Commission has adopted two adequacy decision for the United Kingdom of Britain and Norther Ireland, one based on the General Data Protection Regulation and the other one based on the Directive of Personal Data Protection. According to the adequacy decisions of United Kingdom, public authorities, organizations and companies shall share personal data in United Kingdom. Practically, this means that European Entities (including the EEA) which transfer other data to other data controllers and processors of the processing in United Kingdom have not the need to implement other additional instrument for the transfer of personal data pursuant to the Chapter V of the GDPR (for example, are not required the standard contractual clauses for the transfers). Adequacy decisions exclude from their field of application transfers of data for the immigration purposes in United Kingdom.

The Authority is remembering that United Kingdom is a third country under the GDPR as a result of the “Brexit”. At the beginning of this year, United Kingdom and European Union have concluded a commercial and cooperation agreement, based on which have agreed a period of guarantee of three months, for which it has been guarantee the continuity of the personal data transfers among United Kingdom and European Union. Just before the end of the guarantee period, the European Commission has adopted these adequacy decisions, by concluding that the United Kingdom ensures a personal protection level which is equivalent to that one in the European Union.

Anyway, both the adequacy decisions include strong guarantees in case of additional future differences on the personal data protection level, like a sunset clause which limits the duration of the decision to four years.

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