There was some concern that after the 31st of December 2020, Irish and EU businesses would no longer be able to freely transfer personal data in the same manner as previously. While businesses were right to have this risk on their radar, the eleventh hour Trade and Cooperation Agreement did make provision for the continued smooth flow of personal data. This means that we do not have to regard the United Kingdom as a third country for the purposes of GDPR. We may effectively continue as before.

Interim provision was made to allow for data transfers to continue as previously. This provision endures until the EU adopts an adequacy decision, or for 4-6 months in the absence of such a decision.

An adequacy decision will allow personal data to flow to the United Kingdom without the need for additional safeguards such as the model contractual clauses. The EU Commission plans to adopt an adequacy decision within the time frame, to avoid further uncertainty.

This article is intended for information purposes only and not as legal advice. Fitzsimons Redmond is happy to advise you on data transfers to the UK or on an any aspect of privacy law. Please contact us on 01-6763257.

By Lisa Quinn O’Flaherty 

Solicitor at Fitzsimons Redmond