Table of Contents
In Short
- Use the UK Addendum to align EU SCCs with UK GDPR for data transfers or the IDTA for UK-only transfers to non-adequate countries.
- Always perform a transfer risk assessment for restricted data transfers to comply with UK GDPR.
- Stay updated on transfer rules, implement required safeguards, and update legacy contracts.
Tips for Businesses
When transferring personal data outside the UK, ensure compliance by using ICO-approved tools like the UK Addendum or IDTA. Conduct risk assessments for restricted transfers, implement supplementary safeguards, and stay current on legal changes to avoid penalties and protect your reputation. Seek legal advice if you’re unsure about compliance requirements.
Data protection law rules are vital for businesses to comply with. Do you transfer personal data outside of the UK? For instance, where you send personal information about your customers to hosting or support services suppliers located in various international locations. If so, your business must comply with the UK GDPR’s strict requirements to protect personal data when sent out of the country. The UK Information Commissioner’s Office (ICO) has published important data transfer documents to help businesses manage these transfers lawfully and meet their legal obligations. These documents include the UK Addendum and the UK International Data Transfer Agreement. This article will explore these documents, their purposes, and what your business should consider when implementing them for compliance.
Relevant UK ICO Documents
Transferring personal data outside the UK comes with various risks. Countries without robust data protection laws may expose personal data to security threats, which could lead to multiple risks. Regulatory scrutiny of international data transfers has increased, and organisations have faced enforcement action for failing to comply with strict legal data transfer rules. Your business should actively assess its data transfer arrangements, adopt any required safeguards, and ensure you monitor your compliance to reduce risk.
ICO has published key documents to assist businesses with international data transfers under the UK GDPR, they include:
The UK Addendum
The UK Addendum modifies the European Commission’s Standard Contractual Clauses (EU SCCs) to ensure they comply with UK GDPR. This document allows your business to use your EU SCCs for UK-specific data transfers. Your company must ensure it attaches the UK Addendum to the correct version of the SCCs endorsed by the European Commission and tailors the UK Addendum correctly to reflect the specifics of its data transfer arrangements.
The International Data Transfer Agreement (IDTA)
The IDTA is a standalone agreement designed explicitly for UK-only data transfers to countries without an adequacy decision. It contains mandatory clauses to protect personal data and provides a framework for ensuring compliance with the UK GDPR.
Transfer Risk Assessment
If your business plans to make a ‘restricted transfer’ of personal data to a country outside the UK, using safeguards under Article 46 of the UK GDPR, conducting a thorough transfer risk assessment is also essential.
Business Considerations
Your business may need to consider several factors when deciding whether to adopt the UK Addendum or IDTA for your international data transfers. These include whether data transfers already involve EU SCCs, whether the data is UK-specific or part of a broader transfer arrangement, and the adequacy of data protection in the destination country. If your business already uses EU SCCs, the UK Addendum may be the most practical solution. For businesses handling only UK data, the IDTA provides a simple framework that may be simpler to implement.
Accurately completing these documents is crucial. Errors or generic templates can fail to reflect your data transfers and increase non-compliance risks. Your business should also document the compliance measures you have implemented for international transfers, including any transfer risk assessments and any supplementary measures, to demonstrate accountability and compliance with the UK GDPR.
This factsheet sets out how your business can become GDPR compliant.
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Why are These Documents Important for Your Business?
Clients, regulators, and business partners alike will expect robust processes for handling personal data during international transfers. These ICO tools can show that your business has used regulatory-approved documents to comply with global data transfer rules and protect personal data leaving the UK.
Controllers rely on processors to clearly show their data flows, processing activities, and safeguards to protect their data during international transfers.
Alternatively to these documents, a business may be able to rely on other mechanisms, such as Binding Corporate Rules or exceptions under the UK GDPR, where applicable. Legal advice can help you determine the appropriate mechanism for each transfer.
Why is it Important to Stay on Top of Data Transfer Rules and Avoid Pitfalls?
When transferring personal data outside the UK, businesses must navigate various complexities to ensure compliance with UK GDPR. Organisations may inadvertently make mistakes that can expose them to regulatory risks. Below are some common pitfalls to watch out for when managing your international data transfers:
- failing to conduct a mandatory transfer risk assessment for restricted transfers when required;
- continuing to rely on legacy contracts with old EU SCCs. You must ensure the UK Addendum is attached to the correct and most up-to-date version of the EU SCCs;
- failing to implement supplementary measures and overlooking additional safeguards when a transfer risk assessment highlights risks in the destination country;
- assuming EU SCCs alone are sufficient to use and comply with UK GDPR transfer rules without the UK Addendum; and
- ignoring changes in data flows and not revisiting transfer arrangements after operational or regulatory changes.
As such, keeping up with international data transfer law rules and ensuring compliance is vital. If you need support with this and wish to understand the legal rules that apply to your operations, you can seek legal advice from a data protection solicitor.
Key Takeaways
The UK ICO provides the UK Addendum and IDTA to help your business comply with UK GDPR when transferring personal data outside the UK. You may wish to use the UK Addendum if your company conducts data transfers outside the EU and already relies on EU SCCs or adopts the IDTA for UK-only transfers. Your business should review ICO guidance on data transfers and seek legal advice if you are unsure how to comply with your legal obligations.
If you need advice on data transfers outside of the UK, our experienced data, privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to solicitors to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
The UK Addendum modifies the EU SCCs to align them with UK GDPR, making it suitable for businesses transferring UK personal data under EU SCC frameworks.
The IDTA is a standalone agreement for UK-only data transfers to non-adequate countries.
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