After leaving the EU under the terms of Brexit, the United Kingdom will seek an adequacy determination. What is the reason for this?

Question

Options

• AThe Insurance Commissioner determined that an adequacy determination is required by the Data
• BAdequacy determinations automatically lapse when a Member State leaves the EU.
• CThe UK is now a third country because it's no longer subject to the GDPR.
• DThe UK is less trustworthy now that its not part of the Union.

• A
  4% (1)
• B
  4% (1)
• C
  92% (24)

Explanation

The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU. Therefore, after leaving the EU under the terms of Brexit, the UK became a third country for the purposes of the GDPR, meaning that personal data transfers from the EU to the UK are subject to the rules on international data transfers under Chapter V of the GDPR. In order to ensure the continuity and stability of data flows between the EU and the UK, the UK sought an adequacy decision from the European Commission, which is a formal recognition that a third country provides an equivalent level of data protection to that of the EU. On 28 June 2021, the European Commission adopted two adequacy decisions in respect of the UK: one for transfers under the GDPR and the other for transfers under the Law Enforcement Directive (LED). These decisions allow personal data to flow freely from the EU to the UK without any further safeguard being necessary, and are expected to last until 27 June 2025, unless they are amended, suspended or repealed earlier.

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