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Data Transfers Under the GDPR in Case of a No-Deal Brexit

Data Transfers Under the GDPR in Case of a No-Deal Brexit

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In the absence of an agreement between the EEA and the UK (no-deal Brexit), the UK becomes a „third country” as of 00.00 am CET on 30 March 2019. This means that the organisations should revise those of their processing activities, which imply transfer of personal data to the UK.

The European Data Protection Board (EDPB) adopted an information note on 12 February 2019, which provides further details to commercial and public organisations for the transfer of personal data to the UK in the event of a no-deal Brexit. The EDPB recommends the following 5 steps organisations should take to prepare for a no-deal Brexit, when transferring data to the UK:

  1. Identify what processing activities will imply a personal data transfer to the UK; 
  2. Determine the appropriate data transfer instrument (see Chapter V of GDPR) for the organisation’s situation;
  3. Implement the chosen data transfer instrument to be ready for 30 March 2019;
  4. Indicate in the internal documentation that transfers will be made to the UK; 
  5. Update the privacy notice accordingly to inform individuals. 

As to the data transfers from the UK to EEA Member States, according to the UK Government, the current practice (i.e. which permits personal data to flow freely from the UK to the EEA) will continue in the event of a no-deal Brexit

By Adrienn Megyesi, Attorney at law, KCG Partners Law Firm

KCG Partners at a Glance

KCG Partners is a Hungarian business law firm providing a comprehensive range of legal services to international and local clients seeking local knowledge and global perspective. The firm comprises business-minded lawyers with sector-specific expertise, creating value for clients by applying a problem-solving approach and delivering innovative solutions.

The firm has a wealth of knowledge in corporate law, M&A, projects and construction, energy, real estate, tax, employment, litigation, privacy and forensics, securitization, estate planning and capital markets.

To address clients’ regional and international concerns, the firm maintains active working relationships with other outstanding independent law firms in Central and Eastern Europe, whilst senior counsel Mr. Blaise Pásztory brings over 40 years’ of US capital market and fund management experience.

KCG Partners Law Firm is the result of the teamwork of passionate and talented lawyers guided by the same principles and sharing the same values: 

  • Our most valuable asset is our people. They are the engine of our business and the key to our success.
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Firm's website: http://www.kcgpartners.com