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UK: IDTA, Addendum, and transitional provisions enter into force

The Information Commissioner's Office ('ICO') announced, on 2 February 2022, its introduction of three documents laid before Parliament, which entered into force on 21 March 2022. In particular, the documents include the international data transfer agreement ('IDTA'), the international data transfer addendum to the European Commission's Standard Contractual Clauses ('SCCs') for international data transfers ('the Addendum'), and a document setting out transitional provisions to align data transfers with the EU SCCs, following Brexit and the Court of Justice of the European Union ('CJEU') judgment in Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems (C-311/18) ('the Schrems II Case').

Furthermore, the ICO outlined that organisations can now choose to either use the IDTA or the Addendum when making restricted transfers under the UK General Data Protection Regulation (Regulation (EU) 2016/679) ('UK GDPR'). Specifically, the ICO highlighted that the IDTA incorporates and amends the new EU SCCs, providing an appropriate safeguard under the UK GDPR for personal data sent or made accessible to a recipient in a third country that does not have an adequate decision. On the other hand, the ICO indicated that the Addendum allows organisations to use the EU SCCs themselves to cover both transfers, avoiding the need to use both the EU SCCs and the IDTA.

Moreover, the ICO clarified that it will publish tools to provide support and guidance for organisations, including:

  • clause by clause guidance to the IDTA and the Addendum;
  • guidance on how to use the IDTA;
  • guidance on transfer risk assessments; and
  • further clarifications on our international transfers guidance.

You can read the ICO guide here, the IDTA here, the Addendum here, and the transitional provisions here.