'Data Bridge’ for UK-US data transfers launched

What does the UK-US Data Bridge mean for UK businesses?
Wed 11th Oct 2023

From 12 October 2023, organisations exporting personal data from the UK will be able to rely on the UK-US Data Bridge to secure a free and safe exchange of personal data. It will act as the lawful basis for personal data transfers to US organisations that have self-certified under the Data Privacy Framework (DPF).

The DPF governs EU-US data transfers and includes a set of enforceable principles and requirements that must be certified to, and complied with, in order for US organisations to be able to join.

The Data Bridge authorises UK organisations to transfer personal data, where the transfer is to an organisation in the US listed on the EU-US DPF and participating in the UK extension to the DPF. The Government hopes data bridges will unlock growth for businesses, allow crucial information for life-saving research to be shared, and encourage science and innovation across borders, as well as benefitting consumers.

What does the data bridge mean for data sharing?

Before sending personal data to the US, an organisation will need to confirm that the data importer is listed as an active participant on the DPF List.

If the US based data importer has not opted-in to the DPF, the UK data exporter will likely need to continue to rely on the pre-existing contractual mechanisms for transferring personal data to the US.

Currently, only US organisations subject to the jurisdiction of the US Federal Trade Commission (FTC) or the US Department of Transportation (DoT) are eligible to be included in the DPF. Banking, insurance and telecommunications organisations cannot currently participate.

What is excluded from transfer under the DPF?

The Data Bridge does not provide for journalistic data to be included, which means that:

‘Personal information that is gathered for publication, broadcast, or other forms of public communication of journalistic material, whether used or not, as well as information found in previously published material disseminated from media archives, is not subject to the requirements of the Principles’.

Special category and sensitive data under the UK-US Data Bridge

Special category and sensitive data from UK organisations can be shared with US organisations under the Data Bridge. However, this must correctly be identified by UK organisations as such, to ensure that it receives the appropriate protection under the DPF.

Organisations should pay particular attention when transferring data relating to:

  • Genetic data;
  • Biometric data for the purpose of uniquely identifying a natural person; and
  • Data concerning sexual orientation.

What does this mean going forward?

UK organisations seeking to rely on the new UK-US Data Bridge need to ensure they check all the requirements are met before relying on it.

Organisations should be mindful of the need to update privacy policies and document their own processing activity as necessary, ensuring that they reflect any changes in how data is transferred from the UK to the US.

For help and advice on this topic or related issues, please do not hesitate to contact Chris Cook on 01727798089 or email chris.cook@salaw.com.

Read the latest Employment Views & Insights
They seek to understand their clients and advise accordingly to achieve the outcomes that they require for their business needs.
Chambers and Partners
Stained glass window Employment SA Law
Views & Insights
What is the ICO's Guidance on Biometric Technology in the Workplace?

Many banks and financial institutions are harnessing the use of biometric systems to have a positive impact on their customers, but what is the ICO’s…

Read More
SA Law Employment Laptop
Views & Insights
The Risks of Using Biometric Technology in the Workplace

Biometric technology has become a way for businesses to securely guard access to physical workplaces, online company networks, and sensitive data, but…

Read More
Stained glass window Employment SA Law
Views & Insights
The New Changes to Employment Law

Emily Morrison was asked by City A.M to comment on the new changes to employment law coming into force on 6th April, and discusses what businesses…

Read More
SA Law Employment Laptop
Views & Insights
What Changes will we see to Flexible Working Requests?

With employees being given the right to request flexible working from ‘day one’ of their employment, Chris Cook and Emily Morrison explain…

Read More
Stained glass window Employment SA Law
Views & Insights
Injury to Feelings: Vento Bands Increased

The President of the Employment Tribunals has confirmed an increase in the compensation bands (known as Vento bands) awarded for injury to feeling in…

Read More
As there is so much expertise on offer from SA Law they can provide a legal expert on all areas so that it can be handled under one roof.
Legal 500
SA Law Employment Laptop
Views & Insights
Introducing Fees in the Employment Tribunal and the Employment Appeal Tribunal

The Ministry of Justice has launched an open consultation on introducing fees in the Employment Tribunal and Employment Appeal Tribunal. The proposed…

Read More
Stained glass window Employment SA Law
Views & Insights
Managing The Menopause at Work

The menopause can have a big impact on the day to day lives of employees. It is a natural part of aging and typically happens to women between the ages…

Read More
Stained glass window Employment SA Law
Views & Insights
Did Red Bull Shoot the Messenger?

Christine Caffrey gives an insight into the Christian Horner controversy after his female colleague accused the Red Bull F1 boss of “inappropriate…

Read More
SA Law Employment Laptop
Views & Insights
New ICO Guidance on Sharing Personal Data in Mental Health Emergencies

Employers need to plan ahead to ensure personal data can be shared appropriately to protect those affected by a mental health crisis.

Read More
They are knowledgeable, with a commercial mindset, but also down to earth and friendly so it is easy to be very honest with them.
Chambers and Partners

© SA LAW 2024

Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them alone. You are recommended to obtain specific advice in respect of individual cases.