Certified Information Privacy Professional – Europe (CIPP/E) — Question 161
After leaving the EU under the terms of Brexit, the United Kingdom will seek an adequacy determination. What is the reason for this?
Answer options
- A. The Insurance Commissioner determined that an adequacy determination is required by the Data Protection Act.
- B. Adequacy determinations automatically lapse when a Member State leaves the EU.
- C. The UK is now a third country because it’s no longer subject to the GDPR.
- D. The UK is less trustworthy now that its not part of the Union.
Correct answer: C
Explanation
The correct answer is C because the UK is classified as a third country after leaving the EU, meaning it is no longer under the jurisdiction of the GDPR, which necessitates an adequacy determination for data transfer. Options A and B are incorrect as they misrepresent the requirements of the Data Protection Act and the nature of adequacy determinations. Option D is also incorrect as it does not accurately reflect the legal basis for seeking adequacy.