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Data protection

Importance of protecting your data

Is your company data (e.g. customer records, accounts, management information) held on the Cloud? If the answer’s yes, please read on – it’s important.

Personal information has been able to flow freely between organisations in the UK and European Union due to the General Data Protection Regulation (GDPR) rules.

The UK left the EU on the 31 January 2020, however the withdrawal agreement negotiated with the EU allows for a transition period up to 31 Dec 2020.

During transition period 1 February 2020 to 31 December 2020

During the transition period the UK will still be bound by EU laws and therefore GDPR will still apply and the free flow of personal data can continue.

The EU will also begin an adequacy process where it will assess the UKs data protection arrangements, and will endeavour to complete this by the end of the transition period. However this is not guaranteed and therefore organisations should look to implement measures such as standard contractual clauses or alternative transfer mechanisms to minimise risk.

From 1 January 2021

Provided that the EU has completed their adequacy assessment of the UK and deemed it acceptable, there will be an adequacy agreement in place to allow the free flow of personal data to continue uninterrupted.

However, if the transition period ends without an adequacy agreement the two-way free flow of personal information will not be as straightforward. In this case, transfers of personal information from the UK to EEA should not be affected, but data flow from EEA to the UK will be affected and the legal, free flow of personal data from the EU will cease. Again measures such as standard contractual clauses or alternative transfer mechanisms will help minimise risk.

What should you do?

  • Check the Information Commissioner’s Office (ICO) website. The ICO has published guidance on data protection and Brexit:

  • Check with your service provider that they have put in place arrangements to cover access to two way data flows in the event of a no data adequacy agreement.
  • Check with your key suppliers to ensure that they have also checked their data flows and put in cover in the case of a no adequacy.
  • Check the Welsh Government Business Wales Brexit Portal which contains advice and information on business-affecting issues.

Don’t take the chance – CHECK NOW.

Next: the transition period >

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