On 31 December 2020 the transition period for the UK’s exit from the EU ended. For the purposes of EU law this means the UK is now a ‘third country’. This has implications across all areas of law and practice. Here we consider what the UK’s third country status means for the flow of personal data between the UK and countries within the European Economic Area (the EEA) where GDPR applies.
Unlike many other areas where change came immediately after the end of the transition period, data flow rules remain the same for an initial period of four months (this period can be extended). In this period it’s hoped that the EU will arrive at an ‘adequacy decision’ in respect of the UK’s post Brexit data protection framework.
If the EU determines that the UK adequately protects personal data then data should continue to flow as freely as before (subject to all GDPR and other requirements). But if the EU finds UK data protection law ‘inadequate’ then the UK will have to comply with EU GDPR data transfer rules as they apply to third countries.
If the EU decides that UK data protection law does not meet its adequacy requirements the implications for EEA and UK data controllers and processors will be significant. There are however existing mechanisms geared toward mitigating the disruption a ‘not adequate’ decision may lead to. These include SCCs – standard sets of contractual terms and conditions which the sender and the receiver of personal data both sign up to.
GDPR imposes a legal obligation on controllers and processors to formalise their working relationship. A contract also makes sense from a practical and commercial point of view. It demonstrates that controllers and processors are GDPR compliant, it affords greater protection to consumers and ensures clarity about each side’s role in protecting personal data in the course of their business.
In November 2020 the European Commission published proposed new SCCs, giving organsations a year to implement them. Key features of the proposals include:
We advise a range of businesses on all aspects of data protection law. As we adapt to the post Brexit era it’s crucial that you get expert advice on compliance with GDPR and evolving related legislation. For more information please contact director Shubha Nath at Nath Solicitors on 44 (0) 203 670 5540 or contact the firm online.
"Shubha Nath is my go-to lawyer. She provided my department with commercial legal services for the best part of 10 years. She listens carefully to what the business requires, is clear in her explanation of complex legal agreements and frameworks and is incredibly fast at turning round documents. I was so impressed by her I've recommended her company Nath Solicitors to other businesses."Testimonial From Bernard McKeown
"Shubha, I'd just like to thank you for helping me to come to an amicable settlement with my former company co-directors so quickly and effectively. The advice and suggested approach certainly worked very well for me and I also felt a sense of safety and control being mentored through a very daunting process. You are brilliant at what you do and you helped me to cope with a very stressful situation. I would not hesitate to recommend you and Nath…Testimonial From Stephan Hepton
“I would like to thank and recommend Nath Solicitors and Shubha personally for all your professional advice and help. We have a variety of business interests from Medical and Dental to Analytics and Artificial Intelligence; I am extremely impressed how Shubha has been able to advise in all of these fields for a variety of unrelated projects. We have been particularly impressed with hard work, dedication, professional approach and personal touch. Dr Chetan.”Testimonial From Dr Chetan
I live in Saudi Arabia. Although thousands of kilometers separated us, I picked up the phone and talked to Shubha and I asked her to help me in what I believed was a fraud case. She answered gladly. She was smart, honest, and professional; she has been receiving my calls, letters and emails for more than one month did not seem to mind at what time I communicated with her and it was any time and she always responded quickly. Shubha…Dr Aldarwish ( International client)
We are pleased to note our satisfaction with the standard of service, offered to us by qualified and efficient team of Nath Solicitors. This is a Firm with high integrity and strong, traditional, values focusing on providing the utmost levels of customer satisfaction but don’t just take their word for it, take time to review their customer testimonials. Shubha Nath, who has been providing services to our company, has shown how passionate she is about her job and has delivered…MD of Security Company Dispute Resolution Testimonial
Client comment on company incorporation and advice on a shareholders agreement prepared by Shubha Nath. We felt well advised and Shubha protected our interests immaculately and we are truly very grateful to her for all her help in securing our interests. Director Food Company.Director of a Food Company