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ICO Consultation

Information Commissioner's Office

16 Aug 2021

The UK data protection authority, the Information Commissioner’s Office (ICO), is seeking public input on its long-awaited international data transfer agreement (IDTA) and guidance. Importantly, the IDTA will amend the new EU Standard Contractual Clauses (SCCs) to fit UK data transfers, and will take into account last year’s pivotal Schrems II judgment. The consultation covers three areas: (1) proposal and plans for updates to guidance on international transfers, (2) a draft tool for carrying out transfer risk assessments and corresponding guidance, and (3) the IDTA itself.

Interested parties are also being asked to provide views on any relevant privacy rights, as well as legal, economic, or policy considerations and implications. The consultation will remain open until 7 October 2021.

Until the IDTA is finalised, data transfers out of the UK to non-adequate countries can be covered by the old EU SCCs.

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