How data privacy compliance obligations shift depending on the direction of data flow involving the UK, EU, and non-EU/UK (third) countries. Since Brexit, the UK operates under its own version of GDPR (UK GDPR), which diverges from the EU GDPR in subtle but important ways.
1. EU to UK Transfers:
- What are the current legal mechanisms for EU entities to transfer personal data to the UK?
- What is the status of the UK’s adequacy decision under the EU GDPR?
- Are there any risks or considerations for EU businesses when dealing with UK data processors or controllers?
2. UK to EU Transfers:
- Does the UK recognize the EU as adequate?
- Are there any formalities required for UK entities transferring data to the EU?
- How do UK GDPR and EU GDPR expectations align or differ in this scenario?
3. UK to Third Countries & Vice Versa:
- How does the UK determine adequacy for non-EU countries (e.g., India, US, etc.)?
- What transfer tools (e.g., SCCs, IDTA) are recognized under UK GDPR?
- If you're a business based outside the UK receiving data from the UK, what must you consider under UK GDPR?
4. Third Countries to EU Transfers:
- What obligations do third countries have under EU GDPR when receiving EU data?
- How does this relate to the concepts of adequacy, safeguards, and data subject rights?
- If a company operates across all three jurisdictions (EU, UK, and another third country), how do they ensure compliance simultaneously?
