ICO launches consultation on draft international data transfer agreement 

The Information Commissioner’s Office (ICO) has launched a consultation on its draft international data transfer agreement (IDTA) and guidance, which will replace the current standard contractual clauses (SCCs). 

The IDTA will facilitate the transfer of personal data to countries not covered by adequacy decisions. The IDTA will reflect the Schrems II judgment, which required organisations to carry out additional due diligence when transferring personal data outside of the UK to a country without an adequacy decision. 

The consultation is comprised of three sections: proposal and plans for updates to guidance on international transfers; transfer risk assessments; and the international data transfer agreement.

The ICO has also asked for views on relevant privacy rights, legal economic or policy considerations and implications to help the regulator understand the practical repercussions of its proposals. 

ICO Executive Director of Regulatory Strategy, Steve Wood, commented: “The modern world involves increasing flows of personal data about citizens to deliver goods and services. Ensuring data is well-protected when transferred outside of the UK will be vital in maintaining people’s trust in the system. Our new IDTA is developed to ensure such protections are in place.

“We understand that international transfers can be complex, especially for smaller businesses. Our new guidance has been designed to be accessible and to ensure they support all organisations, from SMEs without the benefit of large legal budgets to multi-national companies. The agreements will help organisations to continue to trade freely while ensuring the correct protections are in place before transferring people’s data.

“This consultation is important. We know how important it is for transfer tools to work in practice, and the ICO wants to support businesses in this area. The responses we receive will inform our final work and I encourage all organisations that undertake international transfers to engage with the consultation and provide feedback.”

The consultation closes at 5pm on 7 October 2021.