Personal Data Transfers to the UK: Equivalence Review and Preparations for Businesses

The Personal Information Protection Commission announced that it would begin reviewing recognition of the equivalence of the UK’s personal data protection framework in October 2026. The commencement of a review must be distinguished from completed recognition: the mere fact that a review has begun does not exempt transfers of personal data from Korea to the UK from the necessary procedures.

The UK’s adequacy decision for Korea, Korea’s recognition of the EU and EEA, and transfers from Korea to the UK differ in direction and scope of application. Businesses should map actual data flows, including overseas cloud storage, remote access, outsourcing to partners, and onward transfers, and identify the transfer grounds currently available.

1. Meaning of the Equivalence Review and Its Current Stage

The Commission stated that it plans to comprehensively review the UK’s personal data protection framework, supervision and enforcement, and data subjects’ rights and remedies. If equivalence is recognized, additional requirements for overseas transfers to that country may be eased, but other obligations, including requirements for collection, use and provision and security measures, must continue to be observed.

It is therefore inappropriate to revise current contracts or privacy policies to state that no separate measures are required because the UK is a recognized country. Whether recognition is granted, its effect, and its scope of application must be confirmed in future official documents.

2. Reviewing Korea–UK Transfers by Direction

For cross-border transfers, the applicability of both countries’ laws should be examined. The mere fact that the UK has adequacy regulations for Korea does not automatically satisfy Korean-law requirements for overseas transfers in the opposite direction.

The standards for transfers from the EU to Korea can also be considered alongside our existing article.

3. Scope of Review for Overseas Cloud Storage and Remote Access

Article 28-8 of the Personal Information Protection Act includes cases where data are accessed within overseas provision, and also includes overseas outsourced processing and storage within the scope of transfers. Therefore, a review of overseas transfers cannot be omitted merely because data files are not directly transmitted.

• Overseas CRM and cloud services: actual storage countries, backup locations, and countries from which support personnel access data

• Overseas headquarters and affiliates: purposes and permissions for sharing, and whether data are used independently

• UK partners and research institutions: information received and its purposes, the necessary scope, and the possibility of further provision

• Subcontracting: whether businesses other than the original contractual counterparty process or access data

A statement that a contract was signed with a UK company does not establish that all processing takes place within the UK. A data flow map is needed that distinguishes headquarters location, server locations, remote support, and subcontracting arrangements.

4. Grounds for Overseas Transfers to Check before Recognition Is Completed

At present, the grounds under the Personal Information Protection Act applicable to each transfer must be checked individually. For example, businesses may examine whether there is separate consent for overseas transfer or a statutory basis, or whether the requirements for outsourced processing and storage necessary to enter into or perform a contract are satisfied.

In particular, the existence of a contract does not permit every overseas provision of data. Reliance on outsourced processing and storage for entering into or performing a contract requires checking actual necessity and statutory conditions such as disclosure and notification; third-party provision, such as a recipient’s independent use for marketing, must not be treated in the same way.

Check the information required by the applicable rules, including the data items transferred, country, timing and method, recipient, purpose of use, and retention period, against the actual service structure. Separately from the transfer grounds, review may also be needed concerning sensitive data and unique identifying information, use beyond the original purpose, retention periods, and destruction.

5. Business Checklist for Contracts, Notices, and Security Measures

This table is a recommended checklist for operational review. It does not mean that the same form of consent or documentation is legally required for every item. The necessary measures should be determined according to the actual transfer type and applicable grounds.

It is advisable for contracts to specify the purpose and scope of processing, controls on subcontracting and onward transfers, cooperation with data subject requests, breach notification, and return or deletion upon termination and how this will be verified. Even if equivalence is recognized later, the contracts and operating procedures should be rechecked against the actual data flows.

6. Frequently Asked Questions (FAQ)

Q1. Are transfers to the UK immediately exempt now that the review has begun?

The commencement of a review alone does not allow reliance on the grounds applicable to recognized countries.

Whether recognition is granted and its actual effect and scope must be checked. For current transfers, separately examine the grounds under the rules currently in force.

Q2. Does equivalence recognition of the EU include the UK?

The UK cannot automatically be included within the scope of EU and EEA recognition.

The UK and EU must be reviewed separately, and the applicable recognition frameworks also differ by transfer direction.

Q3. What if the server is in Korea but a UK employee accesses the data?

Access from overseas may also fall within the scope of overseas provision.

Check each account’s access locations and permissions, the processing purpose, whether the arrangement constitutes provision or outsourcing, and the transfer grounds.

Q4. If equivalence recognition is completed, do contracts and security measures become unnecessary?

Other personal data protection obligations do not disappear.

Applicable obligations concerning collection, use, provision, security measures, and processor oversight must continue to be reviewed.

7. Preparation by Transfer Direction and Actual Data Flows

The commencement of this review is a step toward expanding the basis for Korea–UK data cooperation. Businesses should first map the current grounds for Korea-to-UK transfers, actual countries of processing and access, recipients, and subcontracting structures, and, if recognition is granted later, check its effect and scope and adjust both documentation and operations.

Decent Law Firm reviews grounds for overseas transfers of personal data, outsourced processing, storage and access arrangements, contracts and notices, and security measures relating to UK operations and the use of overseas partners and cloud services. Organizing the processing purposes, recipients, countries, onward-transfer routes, and contractual materials helps identify the procedures needed for the actual service structure.

Related Laws and References

• Official announcement by the Personal Information Protection Commission dated October 1, 2026

• UK government guidance on its personal data adequacy decision for Korea

• Korea Law Information Center — Personal Information Protection Act Article 28-8 (Korean)