The European Data Protection Board (EDPB) has endorsed draft European Commission decisions to extend the United Kingdom’s data adequacy status until December 2031, allowing EU-to-UK data transfers to continue without additional safeguards.

The EDPB issued two formal opinions on October 20 covering extensions under both the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED). The opinions, requested by the European Commission, follow the UK’s departure from the EU framework and aim to ensure legal continuity for cross-border data flows after the current adequacy arrangements expire in December 2025.

“The EDPB welcomes the continuing alignment between the UK and Europe’s data protection framework, despite recent legal changes,” said EDPB Chair Anu Talus. “We call on the Commission to address the points highlighted by the Board and ensure effective monitoring once the decisions are adopted.”

While the Board supported the extensions, it flagged potential risks arising from the UK’s *Retained EU Law (Revocation and Reform) Act 2023*, which removes the primacy of EU law and allows UK ministers to amend data protection rules through secondary legislation. The EDPB urged the Commission to closely monitor these developments and the UK’s new adequacy test for data transfers to third countries, which does not explicitly address government access risks or redress mechanisms for individuals.

The watchdog also raised concerns about Technical Capability Notices (TCNs), which can require companies to bypass encryption, and called for ongoing scrutiny of the UK’s Information Commissioner’s Office (ICO) independence and enforcement powers.

The Commission’s final decision—following EDPB review and approval by EU member states—would extend the 2021 adequacy agreements, preserving seamless data transfers between the EU and UK while reinforcing oversight to prevent future legal divergence.

Need Help?

If you have questions or concerns about any global guidelines, regulations and laws, don’t hesitate to reach out to BABL AI. Their Audit Experts can offer valuable insight, and ensure you’re informed and compliant.