Dealing with gamers Data if it is transferred from the UK or the mechanisms. The UK has a similar EEA to ‘third countries’ which aren’t decision in place to allow the free considered to adequately protect flow of data from the UK to the EEA. the data. This doesn’t include data Both the EU and the UK have transferred from the UK to the EEA or adopted adequacy decisions any other jurisdiction benefiting from in relation to frictionless data an official UK adequacy decision or transfers to the US where importing an EU one as the case may be. organisations are signed up to the Available protective measures EU-US Data Privacy Framework (and include using UK or EU-approved UK Extension). Owing to the measures standard contractual clauses as the put in place by the US under the DPF, case may be, or getting approval for supplementary measures are unlikely intra-group transfers from the ICO or to be necessary, even where personal a lead EU regulator as appropriate. data is being transferred to the USA Data exporters are now required under standard contractual clauses to assess whether the country to or binding corporate rules. which they’re exporting provides a Security level of data protection essentially equivalent to that in the UK or EEA (as Personal data must be kept secure the case may be). If they determine it and risks should be assessed and does not, they will be required to put reviewed on an ongoing basis. The supplementary measures in place. nature and extent of the measures needed to keep personal data The UK is currently a third country secure will depend on the nature for the purposes of transfers of of the data and the risks of the personal data from the EEA, however processing, as well as the resources it benefits from a finding of adequacy available to the business in control from the European Commission, of the data. Failure to address these which means personal data can flow risks can attract harsh penalties and freely from the EEA to the UK without reputational damage. the need for additional transfer 97