As part of the EU-UK Trade and Cooperation Agreement, the EU and UK have agreed a temporary arrangement which means that the transmission of personal data from the EU to the UK shall not be considered to be a transfer to a third country under European Union law from 1 January 2021.

This temporary arrangement will last for four months (extendable by two further months) pending a decision being made by the European Commission to issue an adequacy decision in respect of the UK's data protection regime. The continuation of the temporary arrangement is also contingent on the UK's data protection regime, as at 31 December 2020, remaining in force and on the UK not exercising certain powers related to its data protection regime without the agreement of the EU.

While the situation should be kept under review, the temporary arrangement preserves the status quo, such that it is not currently necessary to implement data transfer mechanisms such as Standard Contractual Clauses in respect of data transfers to the UK.

We will continue to monitor the status of the arrangement and will advise of any further developments in the area.