As discussions around Britain’s departure from the European Union are still ongoing, it is important that companies prepare for any potential scenario. In this piece, we analyse what could happen should the UK leave the EU on 29 March 2019 without having reached an agreement with the EU.

In this scenario, the EU and the UK will have failed to sign an agreement governing the future relationship between the two parties and, therefore, the UK will immediately leave the EU’s institutional structures without a transition period.

What does this scenario mean for data sharing? 

In a nutshell, should the UK leave without a withdrawal agreement, it will become a third country under the GDPR.

The ICO has just published a long guidance on the practical implications, and it is crucial that companies prepare contingency plans to ensure business continuity.

To determine whether your company will be affected, it is necessary to ask whether the business falls under one of these categories: a UK based organisation receiving personal data from the EEA, or a UK based organisation sharing data with countries deemed adequate by the EEA.

Should you fall under the first category, you must implement appropriate safeguards in your contracts with your EEA counterparts if there is no better arrangement prior to the exit date. The most convenient approach is standard contractual clauses.

Similarly, if you are a UK-based organisation receiving personal data from countries currently covered by an EU adequacy decision, both your company and the organisation sending you the data must review how to comply with local law requirements on transfers of personal data.

To read the full article please visit the GDPR:REPORT website.

Link: GDPR:REPORT website


Article Author.

Ivana Bartoletti

Head of Privacy and Data Protection
Ivana Bartoletti is the Head of Privacy and Data Protection at Gemserv. Her years of experience in the field span... Read More From Ivana Bartoletti

Samuel Plantie

Principal Data Protection Consultant
Samuel is a Principal Data Protection Consultant in the Data Protection Team at Gemserv. He has a PhD in Law... Read More From Samuel Plantie

Our Latest Insights.

Our work means different things to different clients and we wanted to share some details of the projects we have managed to give you an insight into our capabilities and the impact we have delivered as a business.


View All Insights

Say Hi.

Did you like what you read? Did you want to find out more about the subject? Or did you simply want to get in touch with us? Either way if you would like to get in touch with us you can do so using the form on the right.

Gemserv will use your details to get in touch with you and to send you information about our products and services that you have requested, in accordance with our privacy policy. You can, of course, opt out of these communications at any time!

Get In Touch

Want to find out more?

Follow the links below find out more about the services we provide, our insight into the industries we serve or the opportunities available with us.
Sectors Capabilities Our Insights Careers