ICO Issue New Guidance on Data Protection Post-Brexit

28th October, 2019 by Graham Irons

The Information Commissioner’s Office has issued new advice and guidance to help organisations with their personal data obligations post-Brexit. Personal data flow is currently unrestricted because the UK is an EU member state. If the UK leaves the EU on the 31st January with no deal that will change and organisations will need to be properly prepared for all exit scenarios.

The new guidance issued by the ICO covers the following:

Information for smaller organisations to help determine if their organisation’s data will be affected by Brexit and what steps they will need to take to keep data flowing legally.
Information for UK-based small or medium sized organisations who receive data from countries in the EEA who want to make sure their data can continue to flow after Brexit.
Information on model contracts between UK based organisations and EEA based organisations using EU approved Standard Contractual Clauses (SCCs) to help maintain the flow of data after Brexit.
Two interactive tools to help organisations produce SCCs for Controller to Controller transfers and Controller to Processor transfers and whether organisations will need to put any SCCs in place.
More detailed guidance on international data transfers to help larger organisations prepare for all Brexit scenarios.

To find out how we can help your business be compliant, go to our GDPR & Data Protection Law page.

Graham Irons comments:

The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

If you require any further assistance relating to GDPR or Data Protection, please contact a member of the team.

Despite the recent efforts made by employers to comply with the new GDPR regime, they will still need to carefully consider the new ICO guidance to ensure continued compliance in a post-Brexit world.

The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

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