Module 17 2024

05/12/2024

• GDPR – Territorial Scope

• Applies to controllers and processors in the EU irrespective of where processing takes place – Recital 14: the protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data – Not limited to controllers in the EU

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• GDPR – Adequacy decision

• Subsequent to the UK leaving the EU, the EU Commission published an adequacy decision on 28 th June 2021 for transfers under the EU GDPR • ‘Adequacy’ is a term that the EU uses to describe other countries, territories, sectors or international organisations that it deems to provide an ‘essentially equivalent’ level of data protection to that which exists within the EU • Decision in place until 27 th June 2025, pending review. This could also be impacted by the proposed Data (Use and Access) Bill currently before Parliament.

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