Legal News | 8.01.21

LEGAL UPDATE: Post-Brexit Data Protection

As you may know, the UK and the EU reached a trade and co-operation agreement on 24 December 2020. This addresses the arrangements that apply to both the UK and EU from the end of the transition period on 31 December 2020.

At the end of the transition period, the UK would have been deemed a third country under the EU GDPR. However, the terms of the agreement include an interim “bridging mechanism” for personal data transfers from the EU to the UK from 1 January 2021 for up to six months until adequacy decisions are agreed. During this time, the UK will not be treated as a third country for the purposes of personal data transfers from the EU and EEA countries.

This means that the free flow of personal data from the EU to the UK will continue uninterrupted, provided that the UK’s applicable data protection regime continues. When the six month timeframe elapses, additional safeguards will be required. We have published a brief guide outlining the recommended measures to take depending on how your business operates, which you can view at the following link:

https://wansbroughs.com/news-events/gdpr-and-brexit-guide/

If you would like more specific advice on the impact of Brexit on your data protection policies or to discuss how to prepare your business, then please get in touch with your usual contact or email: oliver.price@wansbroughs.com.