On October 12, 2010, Europe’s Article 29 Working Party opined that the Eastern Republic of Uruguay provides an adequate level of data protection within the meaning of Article 25(6) of the Directive 95/46/EC. The opinion came two years after the Uruguayan government submitted an official request to the European Commission.
The Article 29 Working Party concluded that Uruguayan data protection legislation covers the main data protection principles set forth in the directive. The fact that Uruguay has an independent data protection authority with adequate enforcement competences was an important factor in the adequacy finding.
The European Commission is expected to follow the Article 29 Working Party and to adopt a formal decision declaring that the Eastern Republic of Uruguay provides adequate data protection. Only then will business be in a position to transfer personal data to Uruguay, outside the European Economic Area, without further measures such as data transfer agreements.
