Under the EU RGPD, the transfer of personal data from the EEA to third countries and international organisations is only allowed in certain circumstances: Article 71 of the withdrawal agreement only applies if the UK does not comply with the EU at the end of the transition period (or implementation period). This is the EU`s personal data policy. It ensures that EU data reached the UK during the UK accession period or during the transitional Brexit period continue to be processed after the end of the transition period, in accordance with the standards of the General Data Protection Regulation (EU) 2016/679 (RGPD). What will happen to British companies processing data in the EEA during the transition period? There are only a few weeks left in the EU that it has not yet decided whether it accepts that the UK data protection system is still appropriate. Since the period before the end of the transition period is limited, you must act now to maintain the legitimate flow of personal data, unless the parties decide, before 1 July 2020, to extend the transition period from 1 to 2 years, and from 1 January 2021, the whole of eu primary and secondary law will no longer apply to the United Kingdom. The transfer of personal data to the United Kingdom is then subject to the requirements of Chapter V of the RGPD and the Criminal Prosecution Directive. The European Commission has published a series of opinions outlining the consequences in a number of areas of action to prepare citizens and stakeholders for the UK`s withdrawal. Businesses should also be aware that the UK government has stated that it is considering maintaining the RGPD regulation as it did after leaving the EU and that compliance with the RGPD and the UK DPA should therefore be maintained in 2019, even if they do not process EU citizens` data after the transition period. Legacy data includes personal data of people outside the UK (whether in the EEA or not) processed in the UK, where: there is currently no change in the way you send personal data to the EU/EEA, Gibraltar and other countries deemed appropriate by the EU.
If this situation changes, we will update this page.