Law Society comment: EDPB publishes opinions on UK data protection regime

News that the European Data Protection Board (EDPB) has published its opinions on the adequacy of the UK data protection regime in relation to the General Data Protection Regulation and the Law Enforcement Directive was welcomed by the Law Society of England and Wales.

Law Society president I. Stephanie Boyce said:

“The EDPB’s decision is a welcome step towards findings of equivalence for the UK, and the continued free flow of data from the EU to the UK.

“This free flow of data is an important requirement in today’s connected world and would be of significant benefit to our members and their clients as it would enable them to continue to receive personal data from the EU and the European Economic Area (EEA) in the same way they do now.

“While the EDPB’s opinions are welcome, I would remind members that the final determination of adequacy will be made by EU member states and the Commission, and that this is not guaranteed. In the event adequacy is not finally agreed, UK organisations will need to have in place alternative safeguards to ensure they may continue to receive personal data from the EU and EEA, such as standard contractual clauses or another transfer mechanism. 

“Therefore, we continue to advise the profession to continue to prepare in the event that adequacy is not approved by the EU.”

Now that the opinion of the EDPB has been received, the remaining step towards adoption of adequacy is its approval by representatives of EU member states.

The Law Society has produced guidance to help its members understand the adequacy process and steps to take now to prepare in the absence of adequacy.

Kindly shared by The Law Society of England and Wales

Main article photo courtesy of Pixabay