Brexit—implications for data protection

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Brexit—implications for data protection
  • Overview of Brexit
  • Withdrawal Agreement and implementation period
  • The implementation period
  • Position following the end of the implementation period
  • EU-UK Trade and Cooperation Agreement
  • Adequacy bridging mechanism
  • Summary of other key data protection provisions
  • Post-implementation period: The one-stop-shop and oversight by a lead supervisory authority
  • Position during the implementation period
  • More...

Brexit—implications for data protection

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), which became directly applicable in the UK and all other EU Member States on 25 May 2018 and which has governed the processing of personal data across the EEA (the EU plus Iceland, Norway, and Liechtenstein), since its incorporation into the EEA Agreement.

In the UK, the adoption of the EU GDPR into UK law was assisted and supplemented by the Data Protection Act 2018 (DPA 2018), see Practice Note: The Data Protection Act 2018.

For an introduction to data protection law, collating key practical guidance, see: Data protection toolkit.

This Practice Note does not address the processing of personal data by competent authorities for law enforcement purposes or by the intelligence services, or under the (historic) ‘applied GDPR’ regime. For guidance on the processing of personal data by competent authorities for law enforcement purposes and by intelligence agencies, see Practice Note: Processing personal data by law enforcement and intelligence agencies—an introduction to the Data Protection and Law Enforcement Directive and Part 3 of the Data Protection Act 2018—Impact of Brexit.

Overview of Brexit

In summary the key dates are:

  1. 31 January 2020: exit day—UK ceased to be an EU Member State (or part of the EEA)

  2. 1 February 2020

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