Adequacy Decision
Definition
An official determination by a regulatory authority (typically the European Commission for GDPR) that a country, territory, or international organization ensures an adequate level of data protection. Once an adequacy decision is in place, personal data can flow from the EU to that jurisdiction without additional safeguards—it's treated essentially like an internal EU transfer. These decisions aren't permanent; they're subject to periodic review and can be suspended or revoked if protection levels decline. Countries with adequacy decisions include Switzerland, Japan, the UK, and several others. The process of obtaining an adequacy decision is rigorous and considers not just privacy laws but also government surveillance practices, judicial remedies, and enforcement capabilities. For businesses, adequacy decisions simplify international operations by removing transfer compliance burdens.
Applicable Laws & Regulations
- 1GDPR Article 45(1) - Transfers based on adequacy decision
- 2GDPR Article 45(3) - Monitoring and review of adequacy decisions
- 3GDPR Article 45(5) - Repeal of adequacy decision