Data Protection after Brexit

The Brexit transition period ended on 31st December 2020. UK organisations that process personal data must now comply with the following laws:

  • The DPA (Data Protection Act) 2018 and UK GDPR (General Data Protection Regulation) if they process only domestic personal data.
  • The DPA 2018 and UK GDPR, and the EU GDPR if they process domestic personal data and offer goods and services to, or monitor the behaviour of, EU residents.
Post Brexit Data Protection in the UK

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Brexit Deal will keep data flowing

Howard Freeman – 29th December 2020.

The feared outcome that businesses would have to find new ways to keep data flowing between the EU and the UK following the Brexit deal has not been realised. Brexit negotiators agreed to a temporary solution that will keep the current rules in place for several months. The Brexit deal will keep data flowing for business.

EU officials have been working on an adequacy decision in order to protect data flows between the EU and the UK. However, they were not completed in time for the end of the transition period. Therefore, to bridge the gap, the Brexit deal includes an interim solution. This will be for a maximum period of six months.

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Update on post-Brexit GDPR

Will the GDPR still apply?

The GDPR is an EU regulation and we wanted to update on post-Brexit GDPR. This means it became law in all member states of the EU (including the UK), without the need for a UK Act of Parliament. It also applies to the EEA states.

The UK left the EU on 31 January 2020 and then entered a transition period, which ends on 31st December 2020. This update on post-Brexit GDPR guidance will help you to prepare for potential changes. There may be changes to how to receive personal data from the EU and action you may need to take in relation to protecting this data. Please continue to check in with us over the transition period to keep up-to-date.

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Brexit and the new UK GDPR

The United Kingdom has now left the European Union. However, until 31st December 2020, EU laws, which include the General Data Protection Regulation (GDPR), continue to apply to the U.K. This is the transition period.

Once the transition period has ended, the GDPR will still apply to UK businesses that do not have an a branch or office in the European Economic Area. This will be needed if they wish to offer goods or services to the EEA. It also applies if the business wishes to monitor the behaviour of data subjects in the EEA. Also, the UK government has now written the GDPR into UK law and is known as the UK GDPR.

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