As of 11 pm on 31st December 2020, the UK will be leaving the EU. The UK has implemented the General Data Protection Regulation into UK law and so the general provisions will continue to apply beyond withdrawal. In addition, the Privacy and Electronic Communications Regulations will also still apply.  

What will change…

Transfer of personal data 

The government is working with Europe to try and achieve an “Adequacy Decision”. An Adequacy Decision is an agreement that permits a cross-border data transfer from or to the EU. The government suggest that there should be no problem with this because the UK will still be using data in the same way they did as part of the EU with no concerns. 

The EU has however raised concerns over certain data matters they are not happy with including surveillance laws. 

A decision is unlikely to be given before the end of the transition period and so those who transfer data outside of the UK or indeed receive it into the UK will need to be aware of the various scenarios that may apply. As such the ICO have published some helpful guidance on what will happen with transfers of data across the EEA and overseas.  

EU Representatives

If you are a UK-based controller or processor with no offices, branches or other establishments in the EEA and you are offering goods or services to individuals in the EEA or monitoring the behaviour of individuals in the EEA, you will need to appoint an EU Representative. Details of these requirements can be found on the ICO website. 

Action to take

Documentation Updates 

You should check through all of your organisation’s documentation to see if there is any reference to the EU GDPR and update any updated terminology to ensure it reflects the UK GDPR.  

Review data flows 

Check whether you have a valid data flow based on the above table and whether you need to introduce Standard Contractual Clauses.  

Review whether you need to appoint an EU Representative

If you have any questions on your data protection obligations please do not hesitate to get in touch with Jo O’Donovan, Commercial Solicitor, on 01626 202347 or Jo O’Donovan. WBW Solicitors has offices in Newton Abbot, Exeter, Torquay, Paignton, Bovey Tracey, Launceston, Honiton, Exmouth and Sidmouth.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.