EU: EPRS issues analysis report on EU-UK private-sector data flows after Brexit
The European Parliament announced, on 9 April 2021, that the European Parliamentary Research Service ('EPRS') had issued an in-depth analysis report on EU-UK private-sector data flows after Brexit. In particular, the report reviews and assesses trade dealings, adequacy challenges and transfer instruments under the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). In addition, the report considers possible mechanisms for data transfer in the absence of an adequacy decision, such as Standard Contractual Clauses, Binding Corporate Rules, codes of conduct, and certification mechanisms. Furthermore, the report then assesses the EU-UK Trade Cooperation Agreement as a contingency measure.
Furthermore, the report discusses an adequacy decision for the UK as a viable long-term solution for data flows between the UK and the EU, analysing doubt regarding UK data adequacy and finally considering the European Commission's draft adequacy decisions in context, including analysis of adequacy concerns within the same. Lastly, the EPRS, as part of its conclusion, stated that the European Data Protection Board's ('EDPB') opinion on the draft decision, scheduled for mid-April, will likely scrutinise the Commission's approach and provide recommendations on next steps.