Explainers
Reading an Adequacy Decision: A Field Guide
In short: An adequacy decision is a finding, not a contract. Read it for what it covers, what it carves out, and what could withdraw it.
An adequacy decision is a finding, not a contract. Read it for what it covers, what it carves out, and what could withdraw it.
Adequacy decision
A finding by a regulator that another jurisdiction offers essentially equivalent protection. It removes the need for a separate transfer mechanism, for as long as it stands.
Three questions to ask of any adequacy finding
Read it the way you would read a warranty: scope, carve-outs, and termination.
- What categories of transfer does it actually cover?
- What is expressly carved out?
- On what grounds could it be suspended or withdrawn?
The pragmatic move is to decide the standard once, document the reasoning, and revisit only when a primary source actually moves. That keeps the work defensible and stops the team re-litigating settled questions every quarter.
Primary sources
Common questions
- Is an adequacy decision permanent?
- No. It is kept under review and can be amended, suspended, or withdrawn.