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EU / EEA clients
The UK has agreed a deal with the EU and new rules apply from 1 January 2021 which, amongst other areas, include how personal data is managed on behalf of EU clients.
When Informed Assessment Ltd supplies psychometric assessment services to support recruitment and development projects, it acts as a data processor, completing an action initiated by and on behalf of its clients, who are data controllers. Informed Assessment Ltd then processes personal data on behalf of its clients.
The wider EU-UK Trade and Cooperation Agreement contains a bridging mechanism that allows the continued free flow of personal data from the EU/EEA to the UK (part seven, Article FINPROV.10A), after the transition period, for up to 6 months.
Under Article 45 of the GDPR, a third country can be deemed “adequate” by the European Commission if its levels of data protection are essentially equivalent to those provided in the EU through the GDPR. If a country is deemed adequate, then cross-border data transfers to organisations within that country can be conducted without further safeguards or controls.
There is a defined process for making adequacy decisions so adequacy cannot be granted immediately. If granted, EU adequacy decisions for the UK would allow for the ongoing free flow of data from the EEA to the UK.
As a sensible precaution, before and during the bridging mechanism period, Informed Assessment Ltd recommends that its EU clients or prospective clients put in place an alternative transfer mechanism to safeguard against any interruption to the free flow of EU to UK personal data. As with most organisations, Informed Assessment is using an SCC process (standard contractual clauses) for this purpose. This is because The European Commission can decide that standard contractual clauses offer sufficient safeguards on data protection for the data to be transferred internationally.
Informed Assessment has prepared a template SCC-based contract, available upon request. Alternatively, we can advise on how a tailored template can be constructed for this purpose.
If you have any questions please contact:
Stewart Wright on 0161 439 0902.