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Consequences of Brexit on Application of GDPR in the UK

26 February 2020

Technology & Regulation in the Spotlight

The United Kingdom (“UK“) officially withdrew from the European Union on 31 January 2020 and has entered a Brexit transition period. Based on the withdrawal agreement that was ratified by the European Union (“EU“) and the UK, EU law will continue to apply in the UK until 31 December 2020 (see related announcements by the UK and the EU).

Consequently, during this period the current legal and practical implications with respect to the data protection regime will remain as it was prior to Brexit. Accordingly, the General Data Protection Regulation (“GDPR“) will continue to apply in the UK and as a result, currently no additional third country data transfer mechanisms will be required. UK based companies, which offer goods or services to EU residents, will not need to appoint a European representative and the Information Commissioner’s Office (“ICO”) will continue to act as the lead supervisory authority for businesses and organizations operating in the UK.

Unless the parties will decide to extend the transitional period before 1 July 2020, as of 1 January 2021, all European Union primary and secondary laws will cease to apply to the UK, which will affect data protection practices.

It is not yet known what the data protection “landscape” will look like at the end of the transition period. This will mainly be subject to the outcome of the negotiations during the transition period.

We will continue to monitor the situation and will be happy to provide further advice on the practical implications with respect to data flows between the UK and EU jurisdiction and on updating documents and policies to the legal requirements in the UK, as they develop.

Please feel free to contact us if you have any question on the effects of Brexit on the privacy and data protection requirements of your business.


Feel free to contact us with any further question or comments regarding the update and subjects detailed above.

Kind regards,

Ariel Yosefi, Partner

Head of Technology & eCommerce Regulation

Herzog Fox & Neeman

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