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Data transfers from Ireland to the UK following the Transition Period

February 01, 2021

The Data Protection Commission, on their website, has indicated that the Trade and Cooperation Agreement between the EU and the UK contains a provision that allows the free flow of data between the EEA and the UK to continue after the end of 2020.

Article FINPROV.10A: Interim provision for transmission of personal data to the United Kingdom provides for a specified period whereby transfers of personal data from the EEA to the UK will not be considered as a transfer to a third country.

This means that Irish based data exporters can continue to transfer the personal data to UK based data importers after the end of 2020 without the requirement to apply additional safeguards such as Standard Contractual Clauses, administrative arrangements or other appropriate safeguards outlined in Chapter V of the GDPR.

The EU Commission plans to adopt an Adequacy decision within the specified period. The effect of such a decision is that personal data can flow from the EEA to the UK without any further safeguard being necessary. In other words, the transfer is the same as if was carried out within the EEA.