Data protection—What next for in-house counsel after IP completion day?

Data protection—What next for in-house counsel after IP completion day?

On 20 January, LexisNexis UK hosted a virtual event for in-house senior counsel in partnership with Flex legal and Radius Law. Speakers at this event included Iain Larkins and Sandra Martins from Radius Law, Seffton Samuels, (operations director and general counsel at SMMT) Ian Leedham, (head of legal at Euro Car Parts) Ken Milnes (in-house counsel) and PSLs from LexisNexis UK.

Building on the success of a similar event in November, January’s event focused on what the end of the transition period means for in-house counsel who deal with contracts, data protection and employment law. This is the second post in a series of three, covering our panelists’ insight into data protection.

As well as providing a high-level overview of the current situation and potential implications, the speakers answered questions from attendees. All questions asked have been posted to Radius Law’s slack channel, where you are free to view them and submit your own questions, which will be answered by expert practitioners.

Iain Larkins provided attendees with an insightful overview of key data protection issues arising from the end of transition period.

The discussion focused mainly on EEA-UK transfers of personal data and potential future UK divergence from EU policy, but our panel members also provided helpful pointers on other matters impacting organisations with a UK nexus, including:

  • changes to regulation and compliance requirements, including the end of the EU GDPR’s ‘one-stop-shop’ mechanism in the UK
  • the need to consider updates to contracts and certain documentation (eg privacy policies) as appropriate
  • the application of a ‘Frozen GDPR’ in the UK (including to so-called ‘legacy data’)

For further information on the above and on other key data protection issues arising from Brexit see Practice Note: Brexit—implications for data protection. Organisations should keep any eye on future Brexit-related data protection developments and guidance as they emerge. 

A number of questions were raised by the audience, including on the following topics: 

Q: Where can I find a summary of key implications of Brexit for data protection?

See Practice Note: Brexit—implications for data protection

Q: Where can I find out more about when I need to appoint a data protection representative in the UK or EEA and how to do that?

A: For guidance, see:

Q: What is ‘legacy data’ and the ‘Frozen GDPR’ and where can I find out more about them?

A: See the section on “Post-implementation period: Frozen GDPR” in Practice Note:  Brexit—implications for data protection

Q: What standard contractual clauses (SCCs) should we use for international transfers under the EU GDPR or UK GDPR (as appropriate)?

A: For guidance, see:

You may also find the following Practice Notes helpful starting points to particular topics:

• Introduction to the EU GDPR and UK GDPR

• UK GDPR and EU GDPR—extra-territorial reach

• UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

• UK GDPR and EU GDPR—sanctions and enforcement

Upcoming Senior Counsel events – IR35: the end of self-employment?

Date: 24 February

Time: 10am – 11am 

Register today 

How prepared are you for the IR35 changes due for implementation in April 2021? The new IR35 rules mean that many businesses are now urgently reviewing how they employ their teams. We’ve teamed up with Radius Law and Flex Legal to bring you an event focused on the forthcoming changes to the IR35 legislation.

Join us on 24th February 2021 to ensure you’re prepared to safeguard your organisation against significant liabilities and prevent them from making incorrect and costly decisions. 


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About the author:
Gloria is a Paralegal in the Lexis®PSL Paralegal Hub. She graduated in International Law and Globalisation from the University of Birmingham in 2019 and has been at LexisNexis UK since March 2020. She has experience working for US, UK and Italian law firms on a range of matters, including IP, financial services and immigration law.