Transferring Data Internationally Post Brexit

Transfers from within the European Economic Area (“EEA”) to outside the EEA (which includes the UK following Brexit) are only allowed where appropriate precautions are put in place. For international businesses that regularly transfer data from the EU to the UK, it was not initially clear what the position would be for such transfers of data from 1 January 2021.

The UK and the EU reached an agreement on Brexit just before Christmas 2020, which included arrangements for transfers of data to the UK following the end of the transition period. The summary of the Brexit agreement, which was published by the UK government, explains that the UK and EU have agreed to a grace period of up to six months during which personal data can flow freely from the EU to the UK. During this period, the European Commission will work to complete its adequacy determination with the UK, which if obtained would allow the uninterrupted free flow of personal data between the EU and the UK without additional measures being put in place.

The UK’s data protection regulator, the ICO (Information Commissioner's Office) has issued a brief statement which explains that, if your business transfers data from the EU to the UK, you need to put in place alternative transfer mechanisms, to safeguard against any interruption to the free flow of EU to UK personal data.

For further information and assistance on updating your HR documentation or GDPR queries, please contact me at katherine.watkins@rwagroup.co.uk or call me direct on 07566766954 or call our helpline on 01604 709509.

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