After being laid before the UK parliament in February, the UK's new data transfer tools ("New UK Transfer Tools") are now in force and ready for use.
What new tools are available?
The UK has approved two new transfer tools:
- A UK International Data Transfer Agreement (IDTA).
- A UK Addendum to the 2021 European Commission-approved standard contractual clauses – this Addendum can be used to supplement those EU-focused standard contractual clauses where UK data transfers occur alongside EU data transfers.
Timeline
Here are the key dates to factor into your plans when it comes to using and rolling out these New UK Transfer Tools:
- Today (i.e., 21 March 2022): The New UK Transfer Tools entered into force and can now be used as a transfer mechanism under the UK GDPR.
- 21 September 2022: After this date, all new contracts governing UK data transfers need to use one of the New UK Transfer Tools.
- 21 March 2024:
- After this date, all contracts governing UK data transfers need to use one of the New UK Transfer Tools.
- Until this date, assuming the subject matter of the contracts remains unchanged, existing contracts can continue to rely on the old EU standard contractual clauses (i.e., those issued under the EU Data Protection Directive, but preserved in UK law post-Brexit on a transitional basis).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.