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GDPR and the end of transition.

Tagged with transition, gdpr transition, data protection act, end of transition, brexit
by Adam Brogden
in Blog

03-Sep-2020 12:23

The end of the transition period is steadily approaching and many businesses want to know what will happen to the GDPR moving forward. The ICO recently published an FAQ to answer many of the questions businesses have, here are the highlights.

Will the GDPR still apply when we leave the EU?

The ICO states that although The GDPR is an EU Regulation and therefore will not apply from the end of the transition period, the UK Data Protection Law will likely be incredibly similar.

The EU version of the GDPR will likely apply to your business if you operate, offer goods and services, or monitor individuals in Europe. The GDPR will still apply to any organisations in Europe who send you data, so you may need to work with them to decide how to transfer personal data to the UK in line with the GDPR. Businesses should remain GDPR compliant as this will ensure they will see little change to their data protection policies and documentation following the end of transition.

Will the Data Protection Act (2018) still apply?

Yes, the DPA 2018 will still apply. New DPA exit regulations have been passed which will make technical amendments to the GDPR so that it works in a UK-only context from the end of the transition period. It is best for businesses to continue to remain compliant throughout the transition period.

What do I need to do with data collected before the end of the transition period?

If the UK does not receive adequacy decisions by the end of the transition period, the data protection provisions set out in the Withdrawal Agreement (data protection provisions set out in Part Three, Title VII, Article 71(1), signed by the UK and the EU in December 2019, will come into force.

This means organisations in the UK will need to comply with EU data protection law (as it stands on 31 December 2020) when processing personal data that was gathered before the end of the transition and relates to individuals who live outside the UK.

We recommend you keep a note of data that you collected before the end of transition and after. That way you can clearly distinguish between the two should any new regulations come into place.

The FAQ is a great resource for businesses and new guidance is always likely to be published. We understand that you may be feeling unsure of what to do with your data, but don't worry, our experts are here to help. We've been busy working to make sure your business is GDPR compliant as this will ensure an easy transition to new data protection legislation.

Our new service makes sure you have your EU Representative sorted for whatever changes may occur after the transition. You can find this service at gdpreurepresentative.com.

At Optindigo, we're always on hand to help you complete you GDPR documents and avoid fines. Get in touch at supoort@optindigo.com or call on 01772 217800.

This may be a confusing time for businesses but we're here to help! Good luck all.

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