Commission Implementing Decision (EU) 2021/1772 of 28 June 2021 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate protection of personal data by the United Kingdom (notified under document C(2021)4800) (Text with EEA relevance)

Type Implementing Decision
Publication 2021-10-11
Last updated 2025-12-23
State In force
Department European Commission, JUST
Source EUR-Lex
articles 5
Reform history JSON API

Article 1

1.

For the purposes of Article 45 of Regulation (EU) 2016/679, the United Kingdom ensures an adequate level of protection for personal data transferred within the scope of Regulation (EU) 2016/679 from the European Union to the United Kingdom.

Article 2

Whenever the competent supervisory authorities in Member States, in order to protect individuals with regard to the processing of their personal data, exercise their powers pursuant to Article 58 of Regulation (EU) 2016/679 with respect to data transfers falling within the scope of application set out in Article 1, the Member State concerned shall inform the Commission without delay.

Article 3

1.

The Commission shall continuously monitor the application of the legal framework upon which this Decision is based, including the conditions under which onward transfers are carried out, individual rights are exercised and United Kingdom public authorities have access to data transferred on the basis of this Decision, with a view to assessing whether the United Kingdom continues to ensure an adequate level of protection within the meaning of Article 1.

2.

The Member States and the Commission shall inform each other of cases where the Information Commissioner, or any other competent United Kingdom authority, fails to ensure compliance with the legal framework upon which this Decision is based.

3.

The Member States and the Commission shall inform each other of any indications that interferences by United Kingdom public authorities with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences.

4.

Where the Commission has indications that an adequate level of protection is no longer ensured, the Commission shall inform the competent United Kingdom authorities and may suspend, repeal or amend this Decision.

5.

The Commission may suspend, repeal or amend this Decision if the lack of cooperation of the United Kingdom government prevents the Commission from determining whether the finding in Article 1(1) is affected.

Article 4

This Decision shall expire on 27 December 2031, unless extended in accordance with the procedure referred to in Article 93(2) of Regulation (EU) 2016/679.

Article 5

This Decision is addressed to the Member States.

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