Procedure to designate adequate countries
The Commission designates adequacy by implementing act, guided by the WP29 Adequacy Referential (6 February 2018) on essential equivalence. Each decision must include a periodic review at least every four years and ongoing monitoring; the Commission can repeal, amend or suspend it. Old Directive adequacy decisions remain valid. The UK adequacy decision automatically expires 27 June 2025 unless extended.
The Commission adopts adequacy by an implementing act, guided by the of 6 February 2018, which sets the core principles needed for essential equivalence. The decision must specify its territorial and sectoral application and identify the relevant supervisory authority.
- A periodic review at least every four years considering all relevant developments
- Ongoing monitoring of developments in the third country or international organisation
- Power and duty to repeal, amend or suspend a decision if adequacy is no longer ensured
- Adequacy decisions made under the old remain in force until amended, replaced or repealed
| Adopted under | Jurisdictions |
|---|---|
| The Directive | Andorra, Argentina, Canada, Faroe Islands, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland, Uruguay |
| Since the GDPR | Japan, South Korea, the United Kingdom |
A peculiarity unique to the UK decision: it automatically expires 27 June 2025 unless formally extended.