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UK business data transfer overview:
- Who: The UK government has announced a UK Extension to framework created by the US and European Union (EU) that allows organisations to transfer personal data without restrictions to US organisations who have met certain privacy requirements laid out by the EU.
- Why: The UK had to create a separate agreement to ensure data sent by organisations to the US is sufficiently protected, since the country is no longer part of the EU.
- Where: The US, UK, and countries in the EU.
Businesses in the UK beginning on Oct. 12 will be allowed to start transferring personal data to US organisations which have met certain privacy requirements that have been laid out by the European Union (EU).
Organisations in the US that are certified to the UK Extension to the EU-US Privacy Framework (UK Extension under Article 45 of the UK General Data Protection Regulation will qualify to take part in the “UK-US data bridge,” according to a fact sheet published last month.
UK organisations can begin transferring their personal data to US organisations once the latter has been certified and placed onto a Data Privacy Framework (DPF) List found on the website for the DPF, according to the fact sheet.
“UK organisations cannot simply transfer personal data to any data importer/recipient in the US – for the data to flow freely, the relevant recipient must be certified to the UK Extension and appear on the DPF List,” the government said.
UK-US data bridge is an extension to the EU-U.S. Data Privacy Framework signed off by the European Commission in July
Only US organisations that are subject to the jurisdiction of the US Federal Trade Commission (FTC) or Department of Transportation (DoT) are currently eligible to participate in the UK-US data bridge DPF program, according to the UK government.
“Those US organisations not subject to the jurisdiction of either the FTC or DoT — for example, banking, insurance, and telecommunications companies — are unable to participate in the DPF program at this time,” the government said.
The UK government has also cautioned UK organisations to still “be mindful” to update their privacy policies and to document their own processing activities to reflect changes in how they transfer personal data to the US.
The new UK Extension comes after EU and US leaders worked together to create the EU-U.S. Data Privacy Framework — which was signed off on by the European Commission in July — after two earlier frameworks were rejected by the European Court of Justice, reports Law360.
The UK, however, being no longer part of the EU, reportedly had to make a separate agreement to ensure data transferred from the country to the US would be sufficiently protected.
What are your thoughts on the new UK-US data bridge DPF program? Let us know in the comments!
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