Brexit and GDPR
24 July 2019 / Articles
Brexit will bring numerous political and social effects, but will also impact legal matters. It will also directly affect personal data controllers. If you as a data controller use services of companies that store/ process personal data in the United Kingdom, you should check whether your data processing agreement is ready for Brexit.
Despite Brexit postponement, it is still the most likely scenario – especially considering the results of the European Parliament election. Whether the deal determining the terms of the United Kingdom’s departure from the EU will be made or not is still a big unknown.
In the case of no deal Brexit, the UK will be given the so called “third country” status upon leaving the EU. This means that personal data transfer to the UK will require the application of:
- Standard or ad hoc data protection clauses in the existing data processing agreements;
- Binding corporate rules should data transfer occur within a group of associated entities;
- Codes of conduct (with certification mechanisms);
- Other special instruments available to public authorities.
Obviously in most cases the easiest solution seems to be amendment of the existing processing agreements with UK entities (as processors) with appropriate additional data protection clauses.
In terms of data transfer in the other direction, from the UK to EEA, based on the communication of the European Data Protection Board, according to the UK government, free data flow will be still possible
Need help with this topic?
Write to our expert
Articles in this category
Artificial intelligence, copyright and the controversy surrounding Studio Ghibli
Artificial intelligence, copyright and the controversy surrounding Studio GhibliObtaining a CASP licence – key information for crypto companies
Obtaining a CASP licence – key information for crypto companiesDeclassification of documents on the Kennedy assassination – sheds new light on historical events and the impact of technology on historical research
Declassification of documents on the Kennedy assassination – sheds new light on historical events and the impact of technology on historical researchTime change and labour law – impact on working hours and wages
Time change and labour law – impact on working hours and wagesDORA: Register of ICT Contract Information – the Polish Financial Supervision Authority will soon give the ‘I’m checking’ signal
DORA: Register of ICT Contract Information – the Polish Financial Supervision Authority will soon give the ‘I’m checking’ signal