Fresh call for Brussels to scrap UK adequacy agreement

The European Commission is being urged to tear up the UK’s data adequacy agreement – estimated to be worth up to £161bn a year to the British economy – with a coalition of leading privacy organisations citing “a sustained and systemic erosion of privacy and data protection standards”.

In an open letter addressed to European Commissioner for Financial Services, Michael McGrath, the groups – including Privacy International, European Digital Rights, Access Now, and Statewatch – have slammed the UK Government’s current data handling practices.

It has also criticised proposed legislative reforms. The letter states: “This degradation would be furthered by the UK Data (Use & Access) Bill, pursued in the name of simplification, as repeatedly pointed out by the European Parliamentary research service, law firms, data protection specialists and UK parliamentarians.

“There is a substantive risk that the UK adequacy decisions could be struck down by the Court of Justice of the European Union (CJEU) if the UK’s current data protection framework continues to be degraded.

“The Commission needs to act decisively, or risks leaving the UK adequacy decisions open to a judicial challenge. A judicial invalidation of the UK adequacy decision would also disrupt key areas of EU-UK cooperation, including the Trade & Cooperation Agreement (TCA), the Windsor Framework, and the UK’s participation in Horizon Europe. This would directly set back the Commission’s and Member States’ efforts to strengthen ties and pursue further collaboration with the UK.”

The deal, which was signed in 2021 allows the continued free flow of data from across the EU to the UK, post-Brexit, and prevented an estimated £85bn of UK exports going down the plughole. The ‘sunset clause’, initially set to expire in June 2025, has been extended by six months.

While the marketing and publishing industries have backed the new Data Bill, others see red flags.

Last week, peers once again voted in favour of adding copyright protections to the Bill – the fourth time the Government has been challenged on the issue – as the proposed legislation continues to “ping pong” between the Lords and the Commons.

And back in October, the cross-party House of Lords European Affairs Committee also expressed concerns about how the legislation will go down in Brussels.

In addition, privacy organisation Big Brother Watch has claimed the Bill will set the UK years behind international partners when it comes to safeguarding against the threats of new and emerging technologies such as AI.

The coalition’s letter, meanwhile, calls on the Commission to “act swiftly and decisively to protect fundamental rights and uphold its credibility as both the guardian of the EU’s legal order and a global leader in digital rule-making”. It concludes: “We urge you to act with urgency to protect the integrity of the EU’s legal framework.”