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Can you please tell me, whether we can store PII data belong to UK in EU region? I know the other way round is illegal. But I could not find a place where this problem address properly. Can you please help me with this?

1 Answers1

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When personal data is transferred between the EU and UK, this is an “international transfer” (also called “restricted transfer” in ICO guidance).

Transfers of personal data from the UK to the EU/EEA are easy since the UK has granted an adequacy decision to the EU (see Art 45 GDPR). Nevertheless, this must be disclosed to data subjects per Art 13(1)(f) GDPR.

Transfers of personal data from the EU to the UK are different. An adequacy decision is still under negotiation, but is not guaranteed. As an interim measure, the Brexit trade deal says that transfers of personal data into the UK are temporarily not considered international transfers, so that no legal basis such as an adequacy decision is needed. This interim measure will expire after April, but will likely be extended to expire after June. If this temporary measures expires before an adequacy decision is in place, alternative transfer mechanisms such as standard contractual clauses (SCCs) have to be used. In a way, the temporary measure allows an extended transition period for putting SCCs into place.

amon
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