Home International organisation Takeaways from employers for data transfer mechanisms in the UK

Takeaways from employers for data transfer mechanisms in the UK


On February 2, 2022, the UK’s Information Commissioner’s Office (ICO) released the final version of its highly anticipated new International Data Transfer Agreement (IDTA) and International Data Transfer Addendum to the Standard Contractual Clauses. of the European Commission.

The IDTA, EU Addendum and Transitional Arrangements will now be submitted to Parliament and (unless targets are raised, which is unlikely) will come into force on March 21, 2022. Once in force, the IDTA and the EU Addendum will replace the previous EU Standard Contractual Clauses (EU CSC) and are the UK version of the EU CSC.

Key takeaways for employers include:

  • Provided no objection is raised by Parliament, the IDTA and EU Addendum will enter into force on March 21, 2022.

  • All contracts entered into on or before September 21, 2021 based on “old” SCCs will continue to provide appropriate safeguards for the purposes of the UK General Data Protection Regulation (GDPR) until March 21, 2024.

  • From March 21, 2024, if an employer’s restricted transfers continue, the employer can make a restricted transfer under the UK GDPR by:

    • conclude a contract on the basis of the IDTA;

    • EU Addendum (where EU SCCs are already in place, the EU Addendum can be appended to EU SCCs to meet UK GDPR requirements);

    • binding corporate rules; Where

    • if the recipient is located in a third country or territory or if it is an international organisation, its coverage under the UK “adequacy regulations” (see list of countries and territories covered).

Carrying out a Transfer Risk Assessment (TRA) continues to be a requirement in the UK, as it is in the European Union. A TRA is necessary to ensure that the actual protection provided by the IDTA or the EU Addendum, having regard to the actual circumstances of the restricted transfer, is sufficiently similar to the principles which underpin UK protection laws Datas.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, PC, All rights reserved.National Law Review, Volume XII, Number 35