Q&As

What changes will need to be made to the data protection provisions in corporate precedents at the end of the Brexit implementation period?

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Published on LexisPSL on 02/09/2020

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

  • What changes will need to be made to the data protection provisions in corporate precedents at the end of the Brexit implementation period?
  • The implementation period
  • Position following the end of the implementation period
  • UK GDPR regime
  • Divergence between EU and UK GDPR
  • New UK GDPR terms
  • Drafting considerations
  • Defining terms
  • New/removed terms
  • Compliance with the UK and EU GDPR regimes
  • More...

What changes will need to be made to the data protection provisions in corporate precedents at the end of the Brexit implementation period?

Important note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Q&A is the regime which is expected to apply once the implementation period (during which the UK remains subject to the EEA data protection regime) has ended. The UK GDPR regime is not yet applicable nor in force. The date on which the UK GDPR regime applies will depend upon developments in the Brexit process. For further background, see Practice Note: Brexit—implications for data protection.

The implementation period

As of 11pm on 31 January 2020 (exit day) the UK is no longer an EU Member State. Following exit day, a transition period (referred to in the UK as the implementation period) applies further to the terms of the EU-UK Withdrawal Agreement. The implementation period is due to end on 31 December 2020 (IP completion day). The UK and EU are seeking to negotiate a future relationship agreement and the drafts prepared by each party include provisions relating to data protection. However, it is uncertain if any such agreement will be reached, or on what terms. During the implementation period, the UK must continue to comply with the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) and generally continues to be treated

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