UK Data Protection (Brexit)
Current situation on data protection in the UK
After the United Kingdom (UK) left the EU (“Brexit”), a new decision had to be made on the adequacy of the level of data protection in the UK. For this purpose, the EU Commission had adopted two adequacy decisions for the transfer of personal data to the UK under the GDPR and the Law Enforcement Directive on 28.06.2021. Thus, the level of data protection in the UK continues to be considered adequate for the EU/EEA. So far, the only exception to these adequacy decisions is the time limit of four years. A sunset clause has been included this time, which allows the two decisions to expire after four years and requires a new assessment of the adequacy of the level of data protection in the UK.
The two decisions facilitate the trade and cooperation agreement between the EU and the UK.
Data protection in the United Kingdom
After Brexit, the United Kingdom has decided to continue to apply the GDPR. However, not under the name “GDPR” but as “UK GDPR”. For this, you can read the European Union (Withdrawal) Act 2018, an Act to repeal the European Community Act 1972 and to make other provision in connection with the withdrawal of the United Kingdom from the EU. Further, the Data Protection Act 2018 also applies.
These two regulations, with an additional regulation, the Data Protection Amendments, form the current data protection law in the UK.
Data Protection Representative Office in EU pursuant to Art. 27 GDPR
As a result of Brexit, an additional obligation has arisen for companies that offer goods or services for sale to individuals in the EU or engage in profiling of individuals in the EU. These companies, regardless of whether they already have a data protection officer, must now appoint an additional representative in the EU under Art. 27 GDPR.
Due to this provision, dib global has established a representative office in the EU and can offer you as a company a representative office in the EU. Please make an appointment with us, we will be happy to advise you on the subject.
