Preiskel & CoPreiskel & Co
Preiskel & Co
A boutique law firm in London
  • Home
  • About Us
    • Diversity, Social Responsibility, and Pro Bono
  • Services
    • Corporate
    • Commercial
    • Regulatory
    • Competition & Antitrust
    • Data Protection, Privacy, and Retention
    • Intellectual Property
    • Dispute Resolution
    • Employment
  • Sectors
    • Telecommunications
    • IT, Technology, & Internet
    • Media and Broadcasting
    • Websites, Blogging, & Social Media
    • Film & Television
    • Gambling & Online Gaming
    • Leisure & Retail
    • Energy & Minerals
    • Cryptocurrency & Blockchain
    • Creative Industries
  • People
    • Daniel Preiskel
    • Ronnie Preiskel
    • Tim Cowen
    • Jose Saras
    • Robert Dougans
    • Karthyaeni Vittala
    • Tina Cowen
    • Xavier Prida
    • Martina Raciti
    • Ewelina James
    • Rachael Machado
    • Maria Constantin
    • Peter Dally
    • Richard Stewart
    • Joanna Coombs-Huang
    • Paul Stelges
    • Hannah Leader
    • Alison MacFarlane
    • Ilanit Appelfeld
    • Daniel Oakland
    • Sophia Yakhno
    • Sue Warwick
    • D A T Green
    • Antony Corel
    • Stewart White
    • Mor Swiel
    • Stephen Hornsby
    • Tony Curzon-Price
    • Robert Harvey
    • Shardi Shameli
  • International
  • Blog
  • News
    • Publications
  • Contact
Menu back  

International data transfer agreement and addendum laid before Parliament

February 4, 2022By Preiskel & Co

On 28 January 2022, the final version of the international data transfer agreement (“IDTA”) and the international data transfer addendum to the European Commission’s standard contractual clauses (“SCCs“) for international data transfers has been laid before the UK Parliament. This follows the ICO’s public consultation which was launched in August 2021. If there are no objections, the document will enter into force on 21 March 2022.

Under UK GDPR, organisations transferring personal data outside of the UK to organisations in countries which are not providing adequate protection must implement appropriate safeguards using the SCCs previously adopted by the European Commission (known as the “old SCCs”). However, on 4 June 2021, the European Commission replaced the old SCCs with new EU SCCs for transfers of personal data outside of the EEA. See more on the transition to the new EU SCCs here. 

The IDTA is the UK’s equivalent of the new EU SCCs, and is aimed to cover data transfers outside of the UK under the UK GDPR. This was issued by the ICO pursuant to section 119A of the DPA 2018, and will replace the current SCCs used for personal data transfers from the UK to third countries.

For organisations that also transfer personal data outside of the EU/EEA, the UK will recognise the new EU SCCs as appropriate safeguards for transfers out of the UK, subject to the parties also using the IDTA addendum to the new EU SCCs. This allows organisations to use only one set of SCCs: the new EU SCCs together with the IDTA addendum, instead of both the new EU SCCs and the IDTA.

Timeline: 

  • For contracts concluded on or before 21 March 2022, organisations can continue to use the old EU SCCs, provided that there has been no change in the processing operations and that the existing contract implements adequate safeguards in compliance with Schrems II. However, organisations will need to update these agreements no later than 21 March 2024 and use either the IDTA, or the new EU SCCs together with the IDTA addendum. 
  • For contracts concluded between 21 March 2022 and 21 September 2022, organisations will have three options:
    1. use the old EU SCCs. However, organisations will need to update these agreements no later than 21 March 2024;
    2. use the IDTA; or 
    3. use the new EU SCCs together with the IDTA addendum. 
  • For contracts entered into on or after 21 September 2022, organisations will be required to use the IDTA, or the new EU SCCs together with the IDTA addendum. 

The ICO will also publish additional guidance to provide support to organisations, including:

  • Clause by clause guidance to the IDTA and Addendum.
  • Guidance on how to use the IDTA.
  • Guidance on transfer risk assessments.
  • Further clarifications on the ICO’s international transfers guidance.

See the ICO’s statement here. 

Please contact Jose Saras if you have any questions regarding the above.

The material contained in this article is only for general review of the topics covered and does not constitute any legal advice. No legal or business decision should be based on its content.

Latest Preiskel & Co blog posts
  • CMA AI Report: The Foundation of the UK’s AI Response
    September 21, 2023
  • Navigating Health Data Compliance: A Roadmap for Employers
    September 21, 2023
  • Transatlantic convergence? Recent cases on advertising and privacy from the USA and UK
    September 15, 2023
  • Practical Guide – Net Neutrality in the UK
    September 14, 2023
  • Virgin succeeded in defending a claim by EE for loss of EE’s profits caused by Virgin’s breach of the MVNO Exclusivity Clause
    September 12, 2023
  • Getting out of a (data) scrape: global statement published for the protection of publicly accessible personal data online
    September 8, 2023
  • The dark side of design: the ICO and CMA call for businesses to rethink their website layouts
    August 18, 2023
  • Could the Supreme Court’s ruling on litigation funding agreements cause havoc for litigation funders?
    August 17, 2023
  • US Threats of a ‘Te(ch)xodus’ from the UK?
    August 17, 2023
  • Smoother Sailing for EU-US Data Transfers after GDPR Adequacy Decision
    August 4, 2023
  • Unlocking Data Flows: EU-US Data Privacy Framework Receives Adequacy Decision
    July 13, 2023
  • UK’s World Leading Approach on Artificial Intelligence – White Paper outlines 5 guideline principles for responsible use of AI
    July 5, 2023

The Preiskel Blog

  • CMA AI Report: The Foundation of the UK’s AI Response 21 Sep 2023
  • Navigating Health Data Compliance: A Roadmap for Employers 21 Sep 2023
  • Transatlantic convergence? Recent cases on advertising and privacy from the USA and UK 15 Sep 2023
  • Practical Guide – Net Neutrality in the UK 14 Sep 2023

Preiskel news

  • Practical Guide – Net Neutrality in the UK
  • Danny Preiskel featured in GCCM Magazine (June/July 2023 issue 55)  
  • Danny Preiskel moderating a panel at the MEF Connects – The Future of Fraud Prevention event (5th September 2023, hybrid)
  • Preiskel & Co advised TMT Analysis on the acquisition of Phronesis Technologies
Preiskel & Co LLP
4 King's Bench Walk,
Temple,
London
EC4Y 7DL
United Kingdom

Tel: +44 20 7332 5640
Email: info@preiskel.com

Find us on:

TwitterLinkedinMail
© Preiskel & Co LLP 2023 | Site map | Legal notices | Cookie Policy | Privacy