What will change with GDPR and Brexit

The GDPR and Brexit.

With both the GDPR and Brexit creeping up, how will the two mix and is there any complications? Continue reading to find out more.

GDPR:

The GDPR is coming into effect in May 2018. Ultimately, it will replace the Data Protection Act 1998 and its laws. The GDPR will only affect the EU but the UK will still need to prepare for the change. This is because Brexit will follow shortly after but what will happen when it does?

What happens after Brexit takes effect?

The consequences of Brexit for UK businesses depend on how the UK’s relationship with the EU and the European Economic Area (“EEA“) will look post-Brexit:

  • If the UK joins the EEA, then the GDPR will continue to apply in the UK. There will be some minor practical changes (e.g., businesses will not be able to select the UK as their place of “main establishment”). However, on the whole, the same data protection compliance requirements will continue to apply in the UK post-Brexit under this scenario.
  • If the UK does not join the EEA, then the GDPR will no longer apply in the UK. It will no longer be lawful to transfer personal data from the EU to the UK without legal protections. The UK will almost certainly seek an “adequacy decision” from the European Commission (removing the need for these additional protections). In order to obtain a decision, the UK will need a law that provides the same protection as the GDPR. This meaning that businesses may have to implement additional data transfer safeguards as an interim measure.

The ICO has stated that it will work with the government and provide advice on the continuing application of the GDPR after Brexit.

This said, if you have customers in the EU, you will need to abide by the GDPR laws despite if we stay or leave.

With this said, your data will always be safe with Central Mailing Services as we are 27001 ISO Certified.

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