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General News

Brexit update

Brexit update

Purely from a data protection perspective!

There are various provisions around data in the UK-EU Trade and Cooperation Agreement.

The most important for data protection and GDPR relates to adequacy, as discussed in our earlier Brexit blog. In short, the agreement does not make a determination on adequacy, but what it does say is that for the "Specified Period" (a sort of transition period after the transition period) that transfers of personal data from the EU to the UK will not be considered transfers of personal data to a third country during this period and therefore will not be prohibited by the GDPR.  This period lasts four months and can be extended by another two months.

The hope (though not guaranteed) is that the UK will be granted adequacy during this period.

As for other adequate countries (which allow transfers of data from the EU), the UK is adopting that list and data transfers will be allowed.

The ICO issued the following statement:

“This is the best possible outcome for UK organisations processing personal data from the EU.

This means that organisations can be confident in the free flow of personal data from 1 January, without having to make any changes to their data protection practices.”