GDPR and Leaving the European Union

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Now that the UK has left the EU and signed a trade agreement with it, there will be a change to the rules on data transfers from the EU to the UK.  The UK GDPR has replaced the existing EU GDPR from 31st December 2020 .  The UK GDPR maintains the same overarching principles meaning that most businesses will not change the way they have to handle data.

The UK government has announced that the trade agreement will allow data to flow  from the EU to the UK during the transition period of no more than six months from the 31st December 2020. The announcement has stated that the EU will issue a decision about the UK and its flow of data before the end of the six month transition period.   If there is no decision made within the 6 month period transfers from the EU to the UK will be illegal unless the parties can put appropriate safeguards in place.

Employer  Checklist

  • If you receive data from the EU, decide whether you need to put measures in place in case there is no decision made within the 6 month period.  (This measure may be to appoint an EU representative and make them visible on your company Privacy Notice and for them to be the point of contact for EU Citizens/Employees)
  • Update your Privacy Notices, data processing records, policies, and template documents to make sure you have the right references to relevant legislation and accurate descriptions of international transfers and the basis on which such transfers take place.

Further Advice

If you would like to discuss Brexit, GDPR, Data protection or any other Employment matter, please get in touch with our Employment Solicitor Sasha Brine by calling 07475069698.