GDPR: The European Commission approves the United Kingdom as a safe third country

The United Kingdom left the European Union on 31 January 2020. With effect from the end of the transitional period on 1 July 2021, United Kingdom became a so-called third country. Thereafter, transfers would require preparation of a transfer basis for the legal transfer of personal data to the United Kingdom. This is not necessary anymore after the UK has been approved as a "secure third country" for transferring personal data.
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Approval of the United Kingdom as a safe third country

On 28 June 2021, the European Commission approved the United Kingdom as a secure third country under the Data Protection Regulation (GDPR). The European Commission's recognition of the UK as a safe third country has taken place through the issuance of two adequacy decisions.

An adequacy decision means that the European Commission assesses whether the level of protection in the country in question is adequately ensured. Thus, the European Commission has now concluded that the data protection legislation and the legal system in the United Kingdom after the United Kingdom's exit from the EU essentially correspond to what is ensured within the EU.

Significance of the European Commission's assessment

The European Commission's adoption of the two adequacy decisions before the end of the transition period for Brexit means that companies are free to transfer personal data to the UK without a separate transfer basis, which will basically be valid for four years.

If you have questions about the transfer of personal data to the UK or other personal data law issues, then please do not hesitate to contact our specialists in GDPR and data protection Associate Partner, Attorney Torsten Hylleberg or Attorney Anders Linde Reislev.