Policy paper

Explanatory framework for adequacy discussions

The United Kingdom is seeking adequacy decisions from the European Commission in order to maintain the continued free flow of personal data between the European Union and United Kingdom and Gibraltar. This document provides an overview of the UK’s comprehensive legal framework underpinning high data protection standards.

Documents

Explanatory Framework for Adequacy Discussions - Section A: Covering Note

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Explanatory Framework for Adequacy Discussions - Section B: Wider Context

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Explanatory Framework for Adequacy Discussions - Section C: The UK Legislative Framework

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Explanatory Framework for Adequacy Discussions - Section D: Adequacy Referential.

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Explanatory Framework for Adequacy Discussions - Section E: Restrictions and Processing Conditions

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Explanatory Framework for Adequacy Discussions - Section E1: Sensitive Data Processing Conditions

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Explanatory Framework for Adequacy Discussions - Section E2: Criminal Convictions Data Processing Conditions

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Explanatory Framework for Adequacy Discussions - Section E3: Schedule 2 Restrictions

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Explanatory Framework for Adequacy Discussions - Section E4: Schedule 3 and 4 Restrictions

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Explanatory Framework for Adequacy Discussions - Section F: Law Enforcement Processing

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Explanatory Framework for Adequacy Discussions - Section G: Role of the ICO and Redress Opportunities

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Explanatory Framework for Adequacy Discussions - Section H: National Security Data Processing

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Explanatory Framework for Adequacy Discussions - Section I1: Gibraltar’s Legislative Framework (including alignment annex)

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Explanatory Framework for Adequacy Discussions - Section I2: Adequacy Referential (including Gibraltar Law Enforcement)

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Explanatory Framework for Adequacy Discussions - Annex A-F to Section I3: Role of Gibraltar Regulatory Authority

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Explanatory Framework for Adequacy Discussions - Section J1: Abbreviation Glossary

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Explanatory Framework for Adequacy Discussions - Section J2: Supplementary Material – Legislation and other documents

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Details

In his statement of 3 February 2020, the Prime Minister confirmed that it is the United Kingdom’s intention to secure adequacy decisions from the European Commission to enable personal data to continue to flow freely from the European Union to the United Kingdom and Gibraltar.

Adequacy decisions are the European Commission’s legal mechanism to facilitate the free flow of personal data from the European Union to third countries. They can encompass data flows under the GDPR for general and commercial purposes and data flows under the LED for law enforcement purposes.

Adequacy decisions, delivered through Article 45 of the GDPR and Article 36 of the Law Enforcement Directive, confirm that the third country’s data protection standards are ‘essentially equivalent’ to those of the European Union. They are adopted on the basis of a positive assessment of the third country’s data protection framework by the European Commission.

This comprehensive pack of explanatory material provides an overview of the United Kingdom’s legal framework underpinning high data protection standards in order to assist the European Commission in conducting its assessment.

Published 13 March 2020