Under the GDPR, the EU can recognize that other countries or territories are ‘adequate’, meaning that they provide an ‘essentially equivalent’ level of data protection to that which exists within the EU under the GDPR.1
The EU’s recognition of adequacy2 means that the data protection laws in place in the third country are similar in principle and in practice to those of the EU. It is therefore a useful proxy for assessing which countries have legislation similar to the GDPR.
The table below lists all countries that have implemented the GDPR, as well as some of those which have an EU adequacy decision in place.3
| Country | GDPR or GDPR-type legislation?[^4] | Source |
|---|---|---|
| Austria | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Argentina | Yes, there is an Agrentina-EU Adequacy Decision in place, meaning that the EU recognizes that Argentina provides an essentially equivalent level of data protection to what which exists within the EU. | Personal Data Protection Law |
| Belgium | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Bulgaria | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Canada | Yes, there is a Canada-EU Adequacy Decision in place, meaning that the EU recognizes that Canada provides an essentially equivalent level of data protection to what which exists within the EU. | Personal Information Protection and Electronic Documents Act |
| Croatia | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Cyprus | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Czech Republic | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Denmark | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Estonia | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Finland | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| France | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Germany | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Greece | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Hungary | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Ireland | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Israel | Yes, there is an Israel-EU Adequacy Decision in place, meaning that the EU recognizes that Israel provides an essentially equivalent level of data protection to what which exists within the EU. | Privacy Protection Regulations |
| Italy | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Japan | Yes, there is a Japan-EU Adequacy Decision in place, meaning that the EU recognizes that Japan provides an essentially equivalent level of data protection to what which exists within the EU. | Act on the Protection of Personal Information |
| Latvia | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Lithuania | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Luxembourg | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Malta | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| New Zealand | Yes, there is a New Zealand-EU Adequacy Decision in place, meaning that the EU recognizes that New Zealand provides an essentially equivalent level of data protection to what which exists within the EU. | The Privacy Act 2020 |
| Poland | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Portugal | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Romania | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Slovakia | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Slovenia | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| South Korea | Yes, there is a South Korea-EU Adequacy Decision in place, meaning that the EU recognizes that South Korea provides an essentially equivalent level of data protection to what which exists within the EU. | Personal Information Protection Act |
| Spain | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Sweden | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| Switzerland | Yes, there is a Swizterland-EU Adequacy Decision in place, meaning that the EU recognizes that Switzerland provides an essentially equivalent level of data protection to what which exists within the EU. | The Swiss Data Protection Act |
| The Netherlands | Yes | The GDPR is an EU Regulation. Regulations are directly applicable in all EU Member States. |
| United Kingdom | Yes, there is a UK-EU Adequacy Decision in place, meaning that the EU recognizes that the UK provides an essentially equivalent level of data protection to what which exists within the EU. | The UK Data Protection Act 2018 |
| United States | Yes, there is a US-EU Adequacy Decision in place, meaning that the EU recognizes that the UK provides an essentially equivalent level of data protection to what which exists within the EU. | See the EU Commission’s statement here. The U.S does not have a federal piece of legislation on data protection. Instead, this is legislated at state-level. See here for a summary of U.S state legislation on privacy. |
Footnotes
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https://ico.org.uk/for-organisations/data-protection-and-the-eu/data-protection-and-the-eu-in-detail/adequacy/ ↩
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https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en ↩
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https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en ↩