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)

Implementing Decision (EU) 2021/1772 · Decision · 5 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

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. 2. This decision does not cover personal data that is transferred for purposes of United Kingdom immigration control or that otherwise falls within the scope of the exemption from certain data subject rights for purposes of the maintenance of effective immigration control pursuant to paragraph 4(1) of Schedule 2 to the DPA 2018.

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 June 2025, 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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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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