2nd Feb 2026
Data Adequacy: EU Commission and UK Agree Extension
In January 2026, the European Commission confirmed the renewal of the UK’s data adequacy decisions, maintaining the legal basis for the free flow of personal data between the UK and the EU. The decision follows a statutory review of the UK’s data protection framework and provides continuity for organisations operating across borders.
EU data adequacy determines whether a third country offers a level of protection for personal data that is essentially equivalent to that provided under EU law. The UK has held adequacy since 2021 under both the General Data Protection Regulation and the Law Enforcement Directive. The Commission’s review considered legislative developments, regulatory oversight and the operation of safeguards in practice, concluding that the UK continues to meet the required standard.
For data-driven organisations, the implications are practical rather than abstract. Adequacy removes the need for additional transfer mechanisms for routine UK–EU data flows. Without it, businesses would have been required to rely on contractual clauses or alternative safeguards, increasing cost, legal complexity and operational friction across activities such as customer communications, analytics, digital advertising and cloud-based services.
The renewal also reflects the strategic importance attached to data protection alignment following EU exit. Data adequacy was the only area in which the UK Government sought continued alignment with the EU in the original Brexit agreement, recognising the economic significance of uninterrupted data flows and the risks associated with fragmentation in this area.
The DMA played an industry-leading role in securing adequacy as part of that settlement. Working closely with UK and European officials, and alongside its European sister organisation FEDMA, the DMA provided evidence on the economic and operational necessity of maintaining data flows between the UK and the EU. That engagement focused on the real-world impact for businesses and consumers, and on the role of trusted data use in supporting growth, competition and innovation.
The January 2026 decision reinforces the DMA’s long-standing position that strong data protection standards and responsible innovation are mutually reinforcing. Regulatory stability underpins investment and enables organisations to plan and scale with confidence. The renewal of adequacy allows businesses to focus resources on delivering value and developing new services, rather than managing avoidable compliance workarounds.
Adequacy is subject to ongoing monitoring, and future UK policy choices will continue to be assessed against EU standards. The renewal should therefore be seen as both confirmation of trust and a reminder of the importance of sustained engagement between government, regulators and industry. For now, it provides a clear and stable foundation for UK–EU digital trade and data-led marketing.
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