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Data Protection Leader
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Volume: 15 Issue: 8
(August 2018)

Keywords:
adequacy third countries data transfer

Authors:
eduardo ustaran

Organisations:
hogan lovells

Jurisdictions:
eu

Editorial: Will the UK meet the EU adequacy test?

Unless there is a political earthquake (some would say a miracle), Brexit will happen on 29 March 2019. Many fear a hard Brexit. Some are hoping for a hard Brexit. A majority appear to want a soft Brexit. And many others would strongly prefer that Brexit wasn’t happening at all. But whatever its flavour, upon Brexit, the UK will cease to be an EU Member State and become a so-called ‘third country.’ As a result, UK-based organisations, which in the context of transfers of personal data to countries outside the EU have always been exporters, will become importers of data originating from the EU. This is a serious concern because transfers of personal data from the EU to third countries are severely restricted. So a key UK Government objective from day one has been to ensure that the UK is regarded as an adequate jurisdiction, which would allow unconstrained transfers of personal data from the EU. But will it be?

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