Guidance issued on the use of personal data post Brexit

Guidance has been issued by the Department for Business, Energy and Industrial Strategy (BEIS) concerning the use of personal data after Brexit. The BEIS guidance explains how Brexit will affect UK businesses both in the event of a deal and if there is no deal.

In the event of a deal, the BEIS explains that there will be no immediate change to the UK's data protection standards and that during the implementation period, personal data could continue to flow freely from the UK to the EU and vice versa. The EU will then begin assessing the UK for an adequacy decision (no such decision is expected to be made by 29 March 2019), to be in place by the end of the implementation period.

If no deal is reached in relation to the UK leaving the EU, the guidance confirms UK businesses will be able to continue sending personal data to the EU. Data flows from the EU into the UK, however, will require businesses to make changes to ensure there is a safeguard or exemption in place to allow the transfer. The UK and EU have agreed to make arrangements for cooperation between the Information Commissioner Office (ICO) and the EU supervisory authorities and that measures to ensure the protection and free flow of personal data will underpin future economic and security partnerships.

In its guidance the BEIS suggests businesses follow the Information Commissioner’s Office's six step guidance and take action early.

This article has been published as part of the latest issue of our Commercial Brief, detailed within the In Brief section.  You can view the other articles within our Commercial Brief using the links below:

• Companies House issues guidance on changes to company registrations in the event of a No-deal Brexit
• Fine for failing to respond to Information Commissioner’s Office enforcement notice
• ​Estate agents secure payment despite the agency agreement lacking any express term as to the timing of when the commission would become payable
• Advocate General’s opinion issued on consumers' obligations to return defective goods for repair or replacement

ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.