The legislation that has been enacted ahead of the UK’s exit from the EU includes ongoing provisions affecting data protection.
The European Union (Withdrawal) Act 2018, (‘EUWA’), ensures that the General Data Protection Regulation (‘GDPR’) is retained in UK law. Therefore, it is anticipated most of what has been learned in respect of GDPR and on-going obligations, will remain the same.
‘No Deal’ Brexit | Kangs GDPR Advisory Solicitors
In the event the UK leaves the EU without a ‘deal’, the government will make appropriate amendments to the relevant existing legislation using powers afforded by EUWA to ensure that the existing framework continues.
It is anticipated that the regulations, and more detailed guidance, to be published will:
- preserve GDPR standards
- transitionally recognise all EEA countries (including EU Member States) and Gibraltar as ‘adequate’ to allow data flows from the UK to Europe to continue
- preserve the effect of existing EU adequacy decisions on a transitional basis
- recognise EU Standard Contractual Clauses in UK law
- recognise authorised Binding Corporate Rules
- maintain the extraterritorial scope of the UK data protection framework
- oblige non-UK controllers, who are subject to the UK data protection framework, to appoint representatives in the UK if they are processing UK data on a large scale
How We Can Be Of Assistance | Kangs GDPR Advisory Team
Our team of solicitors specialising in Regulatory and Compliance Law is led by John Veale who is recognised in both the Legal 500 Directory and Chambers and Partners.
Should you or your business require any guidance upon matters affected by the above please feel free to contact our team through any of our solicitors named below who will be happy to provide you with some initial advice and assistance.