LEGAL, REGULATORY & COMPLIANCE CONSULTANTS

Handley Gill Limited

Our expert consultants at Handley Gill share their knowledge and advice on emerging data protection, privacy, content regulation, reputation management, cyber security, and information access issues in our blog.

Posts tagged International Data Transfer Risk Assessment
Best Before: 21 March 2024

Handley Gill’s specialist data protection consultants highlight the forthcoming deadline for data controllers to review and, if necessary, update the safeguards relied upon as the lawful basis for conducting transfers of personal data from the UK to overseas where these currently rely upon the old European Commission standard contractual clauses / model clauses, including guidance on the actions that need to be taken.

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A bridge to nowhere?

A commitment to establishing a UK-US data bridge, which would take the form of adequacy regulations being issued by the Secretary of State pursuant to section 17A Data Protection Act 2018, has been announced. Since this bridge is likely to be contingent on the European Commission issuing its own adequacy decision, and the draft has recently been rejected by the European Parliament, data exporters will be reliant on the Commission ramming through the roadblock or will find themselves stuck in traffic on the UK-US data flyover.

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Risky business

New guidance issued by the Information Commissioner’s Office on the approach to assessing the risk of restricted ex-UK international data transfers may ease restrictions on transfers of personal data to the US and presents an opportunity to revisit ex-UK international data transfers that had previously been rejected as non-compliant.

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See ya SCCs, enter the IDTA

New data processing or other sharing agreements governed by the UK GDPR, which are entered into on or after Thursday 22 September 2022 and which involve the export of personal data from the UK to third countries and will rely on appropriate safeguards under Article 46 UK GDPR in the form of standard data protection clauses, can no longer rely on the standard contractual clauses (SCCs) or ‘model clauses’ issued by the European Commission and valid as at 31 December 2020 and must instead incorporate the International Data Transfer Agreement or modernised SCCs and International Data Transfer Addendum.

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