On 8 March 2017, Information Commissioner Elizabeth Denham gave evidence to the House of Lords EU Home Affairs Sub-Committee recommending that, following the UK's formal exit from the EU, the UK should apply for an EU adequacy finding for international data transfers.

Denham acknowledged that whilst an adequacy finding would be more straightforward than the UK adopting model contractual clauses or binding corporate rules, the UK may find it challenging to obtain an adequacy decision, particularly as this can only be achieved through a time consuming legislative process.

Organisations should monitor developments and progress on this matter as any decision taken will impact how organisations transfer personal data outside the UK.

A video recording of the EU Home Affairs Sub-Committee can be accessed here.