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The European Parliamentary Research Service IN-DEPTH ANALYSIS

SCOPE EuropeEU Cloud CoC

Author Hendrik Mildebrath discusses the "EU-UK private-sector data flows after Brexit".

International data flows are indispensable pillars of today’s economy, nevertheless, the post-Brexit outlook remains unpredictable in multiple spheres, among which data protection certainly figures as a major concern for competent authorities, privacy experts, and both sides business players.

While the interim framework currently in place is expiring late June 2021 and an upcoming adequacy decision is highly expected, the future of data transfers between the EU and UK still looking considerably uncertain.

Against this background, the European Parliamentary Research Service (EPRS) has published an In-Depth Analysis evaluating the current scenario and giving an interesting overview of the available tools to address the issue.  Codes of conduct (CoC) appear among the alternative transferring instruments provided by the GDPR and discussed by the author, Hendrik Mildebrath.

According to the analysis, despite the lack of empirical evidence – since such initiatives are generally still at an elaboration phase –, CoCs can provide important additional safeguards for international data transfers and possess unique features once compared to other mechanisms, notably its sector-specific approach, its implementation procedure, dedicated monitoring body, as well as its accessibility, specially when it comes to SMEs.

The EU Cloud CoC General Assembly firmly believes in the importance of such feedbacks for the development of the Third Country Module and is actively working to guarantee such tool reaches its full potential and meaningfully contributes to the building of a trustworthy environment.

To read the full document, please refer to the dedicated EP Webpage.