Data Protection & The Brexit Trade Deal

• Published date: 07 January 2021
• Subject Matter: Government, Public Sector, Privacy, Data Protection, Constitutional & Administrative Law
• Law Firm: Bristows
• Author: Ms Hannah Crowther

On 24 December, in the nick of time, the UK and EU agreed the "Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part". Catchy title.

For those processing personal data in the UK and EU, the Brexit Trade Deal is a (much-needed) Good News Story. The agreement contains specific provisions prohibiting data localisation requirements, regulating the transfer of Passenger Name Record data, and allowing data sharing for law enforcement purposes. The crucial section for most businesses, however, is Article FINPROV.10A: Interim provision for transmission of personal data to the United Kingdom.

Under this Article, transfers of personal data from the EEA to the UK can continue - as the UK will not be treated as 'third country' for the purposes of GDPR - until the earlier of: (1) the EU Commission adopting an 'adequacy decision' in respect of the UK, which would allow data transfers to continue with no further safeguards required...