Auld Lang Syne
Auld Lang Syne has been sung at the European Parliament. Flags have been waved. MEPs have cleared their desks in Brussels. What does it mean for Data Protection for UK business and organisations?
Whether you were for or against ‘Brexit’, the Withdrawal Agreement Act is now UK law and the UK leaves the European Union at 11pm today. The UK will then be in a transition period which, currently, ends at the end of the year.
What does it mean from a Data Protection point of view? As part of the Withdrawal Agreement Act, and since it isn’t a ‘hard exit’, nothing will change during the transition period. Make that ‘should’ because, as with all other aspects of our future dealings with the EU, discussions will be held around the transfer of personal data.
The key item in these discussions will be the decision about the “adequacy” of the UK’s level of personal data protection. If an adequacy decision under GDPR is adopted this means that the EU will recognise that the UK ensures an adequate level of protection, and no further technical or organisational safeguards will be necessary for the transfer of personal data from the EEA to the UK.
There was some heartening news this week in that it looks as this decision will be made within the transition period, so we will know where we stand within 11 months’ time.
Another item for resolution will be whether you need to appoint a representative in the EU. More on this topic later this year.
If you are celebrating, mourning or it’s just another Friday night, see you in February.