New Guidance on International Data Transfers from the UK: What’s Changed?

If you’re a UK business, freelancer, or organisation handling personal data, you need to know about international transfers. Sending data outside the UK is now clearer. Following Brexit, the rules for UK International Data Transfers have evolved, introducing new mechanisms and important clarity. Understanding these changes is vital for staying compliant with the UK GDPR and avoiding potential penalties. The Information Commissioner’s Office (ICO) has provided essential guidance and tools to help.

Many businesses feel confused when data must cross borders. They worry about complexity or breaking the rules. This article aims to simplify the current regulations. We’ll explain the latest updates and new ways to send personal data from the UK to other countries. We’ll focus on the ICO’s approved tools and what they mean for your compliance duties.

The Importance of Secure UK International Data Transfers

When you transfer personal data from the UK to another country, it’s usually a “restricted transfer” under the UK GDPR. This applies unless that country already has “adequacy” status from the UK government. These rules are in place to ensure data keeps a level of protection similar to what it has in the UK. Without proper safeguards, your business risks data breaches. You could also face significant fines and damage your reputation.

The ICO has developed specific ways to make UK International Data Transfers secure. This is especially true when a country doesn’t have an adequacy decision. These tools help protect people’s rights, no matter where their data ends up.

New Mechanisms for UK International Data Transfers

The ICO has introduced two key ways to protect data during restricted transfers from the UK:

1. The International Data Transfer Agreement (IDTA)

The IDTA is a unique contract made for UK International Data Transfers. Think of it as the UK’s own version of the old Standard Contractual Clauses (SCCs) used under EU law. It became effective on 21 March 2022.

• What it’s for: Use the IDTA when sending personal data from a UK organisation to one in a country without a UK adequacy decision.
• How it works: It creates strong, legally binding promises for both your UK business (the data exporter) and the overseas recipient (the data importer). These promises cover how the data will be protected.
• Key features: The IDTA includes detailed rules for data security and confidentiality. It also covers how to respond to requests from individuals about their data. Plus, it has ways for people to use their data rights, even if their information is stored abroad.
• When to use it: Consider the IDTA for new UK International Data Transfers. This is especially true for transfers to non-adequate countries, or if your business mainly operates in the UK and doesn’t handle EU data.

2. The UK Addendum to the EU Standard Contractual Clauses (SCCs)

The UK Addendum gives businesses another option. It’s for those also involved in data transfers under EU law. This Addendum allows the new EU SCCs (issued by the European Commission in 2021) to be used for UK International Data Transfers. It also started on 21 March 2022.

• What it’s for: The Addendum changes the EU SCCs slightly. This makes them valid for transferring personal data from the UK.
• Key benefit: It helps organisations avoid using two different sets of contractual clauses. You won’t need separate EU SCCs for data from the EU and an IDTA for UK data if you’re sending the same data set. This simplifies compliance for complex international data flows.
• When to use it: If your business already uses the new EU SCCs for transfers from the EU, or if you send a mix of UK and EU personal data to a third country, the UK Addendum with the EU SCCs is likely your best choice.

Important Deadline: All existing contracts for UK International Data Transfers that relied on the old EU SCCs had to be updated. You needed to switch to either the IDTA or the UK Addendum (with the new EU SCCs) by 21 March 2024. If you missed this deadline, you might not be compliant with the UK GDPR.

Adequacy Decisions and the UK-US Data Bridge: Latest Updates

While the IDTA and UK Addendum help with transfers to non-adequate countries, some nations are already recognised by the UK as providing good data protection.

UK Adequacy Regulations

• The UK has its own set of “adequacy regulations.” These allow personal data to flow freely from the UK to certain countries. Currently, all European Economic Area (EEA) countries are considered adequate by the UK.
• Transfers from EU to UK – A Key Update: The European Commission previously adopted adequacy decisions for the UK in June 2021. These decisions allowed data to flow freely from the EU to the UK. This was a vital decision for UK businesses.
• The Latest Development: These EU adequacy decisions for the UK were originally set to expire on 27 June 2025. However, the European Commission has recently announced a proposal to extend these adequacy decisions for a further six months, until 27 December 2025. This proposed extension is to allow time for the UK’s Data (Use and Access) Bill to conclude its legislative process. After that, the European Commission will re-evaluate the UK’s data protection setup for a longer-term adequacy decision. Businesses should keep an eye on these updates and any further announcements from the ICO or the government.

The UK-US Data Bridge

A big step for UK International Data Transfers to the US is the UK-US Data Bridge.

• What it’s for: The UK-US Data Bridge started in October 2023. It lets certified US organisations receive personal data from the UK. They don’t need extra safeguards like the IDTA or UK Addendum.
• How it works: US organisations must officially certify themselves under both the EU-US Data Privacy Framework and the UK-US Data Bridge. This creates a simple, reliable way for transfers.
• Benefit for UK businesses: If your US partners or service providers are certified, it makes transferring data to them much easier. This reduces your administrative work.

Conducting a Transfer Risk Assessment (TRA)

No matter which transfer method you choose – IDTA, UK Addendum, or relying on adequacy – the ICO highly recommends a Transfer Risk Assessment (TRA). In many cases, it’s a requirement.

• What it’s for: A TRA helps you check if personal data will be protected enough when it moves to another country. This is key because even with strong contracts, local laws in the receiving country might allow government access without enough safeguards.
• ICO’s approach: The ICO’s guidance on TRAs uses a risk-based approach. It gives you a flexible way to assess risks. It considers the specific details of the transfer and any dangers to individuals’ rights. There’s also a specific TRA tool to help businesses through the process.
• Key questions: A TRA usually asks about:
  • The specific details of the transfer.
  • The level of risk to individuals from the personal data being transferred.
  • Whether the transfer significantly increases the risk of a human rights breach in the destination country.
  • How well the transfer mechanism can be enforced in the destination country.

The ICO has clarified something important. If your risk assessment shows only low-harm risk personal data (like basic contact details) is being transferred, and there’s no major extra risk, you might not need a detailed review of the recipient country’s local laws.

What UK Businesses Need to Do Now

To keep your UK International Data Transfers compliant and secure, here’s a quick checklist:

1. Map your data flows: Understand exactly where your personal data goes internationally, both coming into and leaving your UK business.
2. Review existing contracts: If you used old EU SCCs for UK International Data Transfers before 21 September 2022, ensure they were updated. This means switching to either the IDTA or the UK Addendum (with new EU SCCs) by the 21 March 2024 deadline.
3. Choose the right mechanism: For any new transfers, decide if the IDTA or the UK Addendum (with EU SCCs) is the best fit for your data movement.
4. Conduct Transfer Risk Assessments: Set up a process for doing TRAs for all restricted transfers. Use the ICO’s guidance and tools.
5. Stay informed on adequacy: Keep an eye on updates about the EU-UK adequacy decisions. Pay close attention as the proposed extended expiry date (27 December 2025) approaches and the UK’s Data (Use and Access) Bill moves forward.
6. Update privacy notices: Make sure your privacy notices clearly explain any UK International Data Transfers you do. Include the safeguards you use.
7. Train your staff: Teach relevant employees about the rules for UK International Data Transfers. Emphasise the importance of following correct procedures.
8. Leverage the UK-US Data Bridge: If you send data to the US, check if your US partners are certified under the UK-US Data Bridge. This can simplify your transfer arrangements.

Navigating the Future of Data Transfers

The world of UK International Data Transfers keeps changing. While the ICO has given us strong tools and guidance, staying proactive and informed is crucial. By understanding the IDTA, the UK Addendum, adequacy decisions, and why Transfer Risk Assessments matter, your UK business can confidently manage its cross-border data flows. This not only ensures legal compliance with UK GDPR but also builds trust with your customers and partners in how you handle their valuable personal data.