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Personal Data Transfers after Brexit (Aug 2019 edition)

“There will no longer be a fundamental right to data protection post Brexit & this is something which cannot be remedied by domestic legal settlements short of a British Bill of Rights, & even then perhaps not so if Parliament retains sovereignty”

Professor Andrew D Murray
London School of Economics

Brexit is a challenge to any UK organisation attempting to plan even a few months ahead. It may represent an even greater challenge for any other organisation trading with the UK. The facts change regularly and policies are generated, promoted and abandoned at a dizzying pace.

However, one thing that has yet to receive the appropriate level of public attention is the impact that Brexit is likely to have on the UK services sector. Specifically the largest part of it, which relies on transfers of personal data.

Under the GDPR EU companies will need to show a legal basis for any transfers of personal data from the EU27 to the UK after the 31st October 2019. The UK is profoundly integrated into the data flows of the other EU27 countries. This, on its own, represents a significant risk factor in Brexit.

Source: GB Office for National Statistics.

In particular, a chaotic No-Deal Brexit, which we now estimate to be the most likely outcome of this protracted process, will pose significant risks.

Data Compliance Europe, our consultancy services firm, has completed an analysis document on this issue, which we are making available for download. We are doing so because we think that it is critical to raise awareness of this issue in advance of the date set for UK departure, the 31st October.

Companies and organisations will have to take steps now to ensure that data flows may continue uninerrupted.