The United Kingdom has introduced a bill to revise the Data Protection Act (1998), in line with the GDPR. The Data Protection Act (2017) is currently under process in the UK Parliament to legislate as law. This can help the UK make an adequacy decision, as it shows, to some extent, that the UK is GDPR compliant. To date, EDSA has not published its opinion on the draft decision, although previous reports have been lengthy and detailed. Thus, EDSA`s opinion on Japan`s draft adequacy decision was 41 pages long. These are important considerations. Meanwhile, the European Parliament`s Committee on Civil Liberties, Justice and Home Affairs discussed the adequacy of the united Parliament and asked the Commission to take stock of the situation at a meeting on 22 September. However, the meeting took place in two eyes, so any resulting awareness is unknown. Worried about a no-deal Brexit? UK startups should read this guide In the absence of a Brexit deal between the UK and the EU covering data protection and data transfer agreements, the answer is no. The Commission should be subject to an evaluation procedure before it can grant adequacy. Despite requests from the British government, this process is in mind. the Commission is currently of the opinion that it will not start the process until the UK leaves the EU and becomes a third country. Article 45 of the GDPR specifies what the Commission should take into account when examining adequacy.
Any adequacy decision must first be approved by the Article 93 Committee, which chairs the European Commission and is composed of representatives of EU Member States, before being referred back to the College of Commissioners for final approval. We expect the Commission and the Member States to focus on the examination of the draft adequacy decision on the opinion of the European Data Protection Board and the views of the European Parliament. The ruling put cold water on the UK`s hopes of easily making a decision on the adequacy | Alex Pantling/Getty Images In July, the Luxembourg-based EU court overturned an adequacy decision it had made in the US – known as the Privacy Shield – saying US surveillance legislation was too intrusive for EU standards.