Personal data – the free flow of data to the United Kingdom of Britain in an additional transition period

This is provided by the so-called passage clause in final provisions Trade and cooperation agreements between the European Union and the European Atomic Energy Community on the one hand, and the United Kingdom of Great Britain and Northern Ireland on the otherIt will govern the future relationship between the European Union and the United Kingdom.

Rules like in the European Union

According to art. FINPROV 10A of the agreement setting out transitional provisions for transfers Personal Data To the United Kingdom, These transfers will not be considered temporarily as data transfers to a third country. Thus, entrepreneurs or public entities will not be required to fulfill the additional requirements stipulated in Chapter Five Rudo. This also applies to the additional requirements regarding international data transfers specified in Chapter 3a of the Law of September 16, 2011 regarding the exchange of information with law enforcement authorities of European Union member states, third countries, European Union agencies and international organizations, which are implemented in the Polish legal system under Chapter V of Directive (European Union) 2016/680.

Six-month transition period

The transitional period will end on July 1, 2021 at the latest, that is, six months after January 1, 2021. Although the agreement provides for a period of four months, it will be automatically extended by another two months, unless one of the parties objects to the agreement. The transition period may also end earlier, When the European Commission Under art. 36 seconds. 3 of Directive (European Union) 2016/680 and pursuant to art. 45 seconds. 3 General Data Protection Regulation It will issue executive decisions regarding an appropriate level of data protection For the United Kingdom.

Data transfer is determined after the end of the transition period

The European Commission is in Advertising Related to the adoption of the adequacy resolution for the United Kingdom It announced its willingness to quickly initiate official action in this regard. Prior to issuing such decisions will be required Assessment of the UK Personal Data Protection Act and its practice in light of the jurisprudence of the European Union Court of Justice. The transfer of data on the basis of a decision of the European Commission will be possible without the need to meet additional conditions. However, if the European Commission does not make an adequate decision during that period, the transfer of data to the UK after the end of the transition period requires, first and foremost, the application of the safeguards set forth in Art. 46 GDPR (such as standard contractual clauses or binding company rules).

Principles of free flow of data during the transition period

The free flow of data during the transition period will depend on the UK’s compliance with provisions on personal data protection based on EU law in force on December 31, 2020, i.e. GDPR and Directive (EU) 2016/680. The UK will not be able to exercise its jurisdiction over international data transfers during the transition period.

The Information Commissioner’s Office (ICO) will no longer participate in the Single Window Mechanism. From January 1, 2021 The OSS for processing cross-border data will not apply to the UK KingdomsTherefore the ICO will not be involved.

Current temporary use

Negotiations for the agreement ended on December 24, just before the end of the current transition period. On December 29, the Council of the European Union decided to sign the agreement and its temporary implementation. The agreement was officially signed by both parties on December 30. Its entry into force will be subject to the fulfillment of further procedural requirements, including approval by the European Parliament, which may be granted in early 2021. Provisional implementation of the agreement as of January 1, 2021, Which, however, will not be able to last longer than February 28, 2021 >>

Read: European Union: Trade agreement with the United Kingdom signed with Britain >>

The Polish Office for the Protection of Personal Data announced that it will monitor the progress of ongoing work and update the information provided, if necessary.