The European Commission has issued a communication to all member states about the changes they can expect after 31 December 2020. A small part of this covers data protection.  It explains that there are existing mechanisms under the GDPR to allow transfers of personal data to a third country and that these can be deployed for the UK. However, will one of these be an adequacy decision?

This communication says ‘As underlined in the Political Declaration, the EU will use its best endeavours to conclude the assessment of the UK regime by the end of 2020 with a view to possibly adopting a decision if the United Kingdom meets the applicable conditions. The Commission is currently conducting this assessment and has held a number of technical meetings with the United Kingdom to gather information in order to inform the process’

The clear advice for businesses in the EU is that they should plan ahead including for the scenario where there is no adequacy decision in respect of the UK. A hint perhaps that an adequacy decision may not be forthcoming.