Adequacy decision
An adequacy decision is a decision adopted by the European Commission under Art. 45 GDPR recognising that a third country, a territory, a sector or an international organisation ensures a level of protection for personal data essentially equivalent to that of the EU. Transfers to an adequate destination can take place without any further authorisation or appropriate safeguards.
Countries and frameworks currently covered include Andorra, Argentina, Canada (commercial organisations under PIPEDA), the Faroe Islands, Guernsey, Israel, the Isle of Man, Japan, Jersey, New Zealand, the Republic of Korea, Switzerland, the United Kingdom, Uruguay, Brazil and the United States for organisations certified under the EU-US Data Privacy Framework. Adequacy decisions are reviewed periodically and can be invalidated by the Court of Justice, as happened with Safe Harbour (2015) and Privacy Shield (2020).
For sponsors and CROs, adequacy determines whether a transfer impact assessment and standard contractual clauses are needed for each data flow. A US CRO that is not DPF-certified, for example, still requires SCCs. Adequacy also matters in the other direction: the UK and Switzerland maintain their own lists of adequate destinations.
No. An applicable adequacy decision addresses the international-transfer route; it does not remove obligations such as a lawful basis, minimisation, transparency or processor arrangements. Check that the decision covers the recipient and transfer concerned, then document the remaining controls just as carefully as for processing within the EEA.
