Q&As

Following the UK ceasing to be a member of the EU in 2019, to what extent may a UK company processing personal data relating to EU nationals on behalf of a data controller based in the EU be subject to EU laws (eg the General Data Protection Regulation and potential fines from EU regulators) as well as UK law; and might additional consent(s) be required from, or additional notification(s) need to be given too, the relevant data subjects for such processing to continue?

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Published on LexisPSL on 15/08/2017

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Following the UK ceasing to be a member of the EU in 2019, to what extent may a UK company processing personal data relating to EU nationals on behalf of a data controller based in the EU be subject to EU laws (eg the General Data Protection Regulation and potential fines from EU regulators) as well as UK law; and might additional consent(s) be required from, or additional notification(s) need to be given too, the relevant data subjects for such processing to continue?
  • Guidance on consent and international transfers
  • Brexit
  • Extra-territorial scope of the GDPR

The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) is an EU regulation that will come into force automatically in the UK on 25 May 2018 before the UK will have been able to leave the EU (ie prior to Brexit). UK organisations will therefore need to prepare for and start to comply with the GDPR notwithstanding Brexit. Other EU Member States must also comply with GDPR from 25 May 2018. The UK government has confirmed that the UK’s decision to leave the EU will not affect the commencement of the GDPR.

Guidance on consent and international transfers

For information on the GDPR, see Practice Note: Introduction to the EU GDPR and UK GDPR. For information of consent under the GDPR, see Practice Notes: Processing personal data—standard of consent and Processing personal data—obtaining, recording and managing consent.

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