In 2021 the EU Commission adopted adequacy decisions in respect of transfers to the UK made under both the EU GDPR and the Law Enforcement Directive (LED). These decisions meant that the EU recognised the UK's data protection standards as being essentially equivalent to those of the EU, allowing for the continued flow of personal data between the EU and the UK without additional safeguards or permissions.
However, such decisions came with an expiry date, also known as a "sunset clause". Both will expire on 27 June 2025, if not renewed. In advance of the renewal process, the House of Lords European Affairs Committee has launched an inquiry into data adequacy and its significance to the UK-EU relationship. The Committee will assess:
- the existing position and the possible challenges to a renewal;
- the implications of a non-renewal; and
- lessons learned from other countries' experiences with the adequacy system and engagement with the process.
The inquiry will also explore the impact of potential divergences in regulatory positions between the EU and UK. This is likely to cover the proposed UK Data Protection and Digital Information Bill for example, as well as the UK's position on artificial intelligence.
The Committee has invited interested parties to submit evidence by 3 May 2024 and the Committee is expected to issue its findings by July 2024.
