EU GDPR Updates

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WHAT EFFECT DOES THE TRADE DEAL HAVE ON DATA PROTECTION?

The EU has agreed to delay transfer restrictions until 30 June 2021 (known as the bridge).

This enables personal data to flow freely from the European Economic Area (EEA) to the UK until either adequacy decisions are adopted, or the bridge ends.

CAN WE STILL TRANSFER DATA TO AND FROM EUROPE?

TYSON’S SHIPS RIGGERS LTD CAN STILL TRANSFER DATA FROM THE UK TO THE EUROPEAN ECONOMIC AREA (EEA) THESE ARE NOT RESTRICTED.

As mentioned above the EU has delayed transfer restrictions, this enables personal data to flow freely from the EEA to the UK until either adequacy decisions are adopted, or the bridge ends.

We are monitoring this situation closely as an announcement will be made soon, we have put the relevant safeguards in place for receiving personal data from the EEA.

ADEQUACY

An adequacy decision is a formal decision made by the EU which recognises that another country, territory, sector, or international organisation provides an equivalent level of protection for personal data as the EU does. The UK is seeking adequacy decisions under both the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED).

The effect of an adequacy decision is that personal data can be sent from an EEA state to a third country without any further safeguard being necessary.

The trade deal agreed between the UK and the EU means that the UK has a bridge until 30 June 2021 where data can continue to flow from the European Economic Area (EEA) to the UK whilst the adequacy decisions process takes place. The bridge can finish sooner than this if the EU adopts adequacy decisions in respect of the UK.

Adequacy decisions secured by the end of the bridge will allow the free flow of personal data to the UK from the EU to continue uninterrupted.

We will be keeping a close eye on the adequacy decisions and will update our privacy policy when amendments are made.

For more information on the adequacy decisions and frozen GDPR please visit.

https://ico.org.uk/for-organisations/dp-at-the-end-of-the-transition-period/transition-period-faqs/#eea

ADEQUACY UPDATE 28TH JUNE 2021

On the 28 June 2021, the EU approved adequacy decisions for the EU GDPR and the Law Enforcement Directive (LED). This means data can continue to flow as it did before, in the majority of circumstances.

Both decisions are expected to last until 27 June 2025.

The General Data Protection Regulation has been kept in UK law as the UK GDPR.

WHAT DOES ADEQUACY MEAN?

‘Adequacy’ is a term the EU uses to describe countries, territories, sectors or organisations it deems to have an “essentially equivalent” level of data protection to the EU.

The EU Commission have adopted adequacy decisions for the UK GDPR and the Law Enforcement Directive. This means data can continue to flow freely from the EU to the UK, in the majority of cases.

WHAT DO TYSON’S SHIPS RIGGERS LIMITED NEED TO DO NOW THE UK HAS ADEQUACY?

The EU adequacy decisions apply to the whole of the UK, including Northern Ireland

The personal data  that we receive from the EU or EEA can continue to flow as before, and no further action needs to be taken.

As we have customers and suppliers in the EEA, we will comply with both UK and EU Data Protection regulations.

DOES THE GDPR STILL APPLY NOW?

The EU GDPR is an EU Regulation and no longer applies to the UK, we operate inside the UK, so we will comply with the Data Protection Act 2018 (DPA 2018).

The provisions of the EU GDPR have been incorporated directly into UK law as the UK GDPR.

In practice, there is little change to the core data protection principles, rights and obligations. GDPR recitals add depth and help to explain the binding articles. Recitals continue to have the same status as before – they are not legally binding; they are useful for understanding the meaning of the articles.

CAN ORGANISATIONS IN THE EU AND EEA SEND DATA TO TYSON’S SHIPS RIGGERS LIMITED ?

Now the EU has an approved adequacy decisions for the UK, most EEA processors will be able to send personal data back to UK controllers with no restrictions, this is because the EU have adopted adequacy decisions about the UK.

HOW CAN WE TRANSFER DATA FROM THE UK?

We do not need any new arrangements for transfers from the UK to the EEA.

The UK government has stated that transfers of data from the UK to the EEA are permitted. It says it will keep this under review.

The UK is England, Scotland, Wales, and Northern Ireland. It does not include Crown dependencies or UK overseas territories, including Gibraltar.

The UK government will allow transfers to Gibraltar to continue.

WHAT IF WE LOSE ADEQUACY?

The EU Commission must monitor developments in the UK on an ongoing basis to ensure that the UK continues to provide an “essentially equivalent” level of data protection.

The Commission can amend, suspend, or repeal the decisions if issues cannot be resolved.

EU data subjects or an EU data protection authority can also challenge the decisions. The Court of Justice of the European Union would then decide whether the UK provides “essentially equivalent” protection.

In the absence of an EU GDPR adequacy decision, the ‘Frozen GDPR’ would apply to personal data that:

• was processed in the UK under the EU GDPR before 01 January 2021; or
• is being processed in the UK on the basis of the Withdrawal Agreement (for example, in order to comply with legal obligations under the Withdrawal Agreement).

If the ‘Frozen GDPR’ applies, we may need to identify any personal data about individuals located outside the UK collected before the end of 2020.

You can find more information reference all of the above on the ico website. By clicking on the below link.

https://ico.org.uk/for-organisations/dp-at-the-end-of-the-transition-period/overview-data-protection-and-the-eu/