Data Protection Laws in the event of a No Deal Brexit

 

With Brexit around the corner, there will be some changes if the UK fail to sign any form of withdrawal agreement.

 

There will be no transition when leaving and in turn the civil and commercial cooperation between the European Union and the UK will cease effective immediately and create instant change in many practice areas such as data protection.

 

It is urged that businesses are to consider the current data operations which are in place and in particular the transfer mechanisms which businesses use to ensure there is no breach in any transfers of data across the border between the EU and the UK. This is something that Lawdit are already ensuring compliance for.

 

Solicitors in particular have extra care expected with data flows for its clients’ personal data. It may be that new policies and procedures are implemented to conform to. Certainly, if the personal data is of an EU citizen and being transferred outside of the EU, namely UK then there may be new mechanisms which could be implemented to ensure an appropriate data transfer.

 

It is common that some businesses rely on some form of permission or agreement which ordinarily would be sufficient while the UK is still in the EU but in fact as soon as Brexit is complete and with the assumption that there could be no withdrawal agreement that takes into account data protection then it is advised that a new agreement is obtained. Our advice is to examine the agreement to consider the wording and if it already covers the transfer of personal data which has been collated and transferred outside the EEA.

 

Note that there are also many businesses which have relied on a standard privacy policy that covers the client or staff data which may need to be reviewed or at least ensure that those clients and staff are aware of how their data is being moved inside and/or outside the EU. Finally, it may be that a business has provided that the Information commissioner’s Office which is lodged as the Lead Supervisory Authority for all EU dealings of an international business may not be possible in the event of Brexit without a deal. In simple terms, businesses will need to now consider each member state individually and conform to local laws which may be in place instead of the current understanding that if a country is one of the 28 member states then this will to an extent be across the board; also know as the ‘one stop shop principle’.

If any of the above are matters which your business has concerns over with compliance in the event of a no deal Brexit or you have some general commercial or intellectual property questions on Brexit, please do not hesitate to contact us.

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