May 10, 2021

Volume XI, Number 130

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May 10, 2021

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Brexit/GDPR: European Commission Publishes Draft Adequacy Decision for Data Transfers

On 19 February 2021, the European Commission published the draft for an adequacy decision regarding transfers of personal data to the UK. For businesses in the European Union (and EEA) who transfer data to business partners and vendors in the UK, it will be crucial that the final decision is made before the end of June 2021.

Thanks to an additional transitional period for data transfers in the last-minute EU-UK Trade and Cooperation Agreement (TCA), the worst fears of data protection experts that the UK could become a “third country” overnight did not materialise. However, this period ends no later than in June 2021.

While the chances that final decision will be issued in time have now increased, companies in the EU/EEA should be aware that this is not guaranteed. In case the Commission fails to authorize data transfers to the UK, businesses should – if no other safeguards are present – be prepared enter into the standard contractual clauses (SCCs, aka Model Contracts) in order to comply with the GDPR.

 

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© 2021 McDermott Will & EmeryNational Law Review, Volume XI, Number 54
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About this Author

Dr. Claus Färber, McDermott Will Emery, telecommunications industry lawyer, Intellectual Property Attorney
Associate

Claus Färber focuses his practice on all legal aspects related to the telecommunications, media and technology industries. Claus advises on cooperation agreements, outsourcing contracts and similar projects that often break new grounds in the industry from a technological and legal view. Such projects regularly touch multiple sectors of the law, including contract, telecommunications, and intellectual property, and also require an understanding of the technological background.

Claus also counsels media and technology companies on consumer...

49 89 12712 153
Dr. Ralf Weisser Corporate Attorney McDermott Will & Emery Munich, Germany
Partner

Dr. Ralf Weisser advises on mergers, acquisitions, outsourcing and licensing transactions, drafting and negotiation of commercial contracts, regulatory matters and litigation. He is co-head of the German Telecom, Media and Technology (TMT) and the Firm’s Licensing, Technology and Media practice groups.

 

With 25 years of experience, Ralf helps clients to manage large and challenging transactions of all types and litigating complex cases. In the technology and IT areas, these include IT outsourcing and business process outsourcing (BPO), software development and licensing,...

49 89-12712-151
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