Information Safety And Brexit: Key Areas To Contemplate
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For higher or for worse: 2020 is shortly coming to an finish. This
implies that the top of the Brexit transition interval can also be simply
across the nook.
On December 31, 2020, the post-Brexit transitional preparations
between the EU and the UK will expire. Nonetheless, the EU GDPR might be
retained in UK home legislation (with solely minimal modification) within the
so-called “UK GDPR.”
Regardless of the similarities between the UK GDPR and the EU GDPR
reality, many organizations will nonetheless have to contemplate just a few key
areas on the subject of compliance with these two items of legislation.
Key areas of change
Key areas that may have to be thought of from January 1, 2021
onwards from a Brexit-related knowledge safety perspective are:
- Addressing new restricted
Transfers to the UK from the EEA (and vice versa) will develop into
so-called “restricted transfers,” which would require a
switch mechanism (e.g., reliance on a related adequacy choice,
execution of applicable Customary Contractual Clauses, and so forth.).
Many organizations might want to contemplate whether or not they’re obliged
to nominate UK representatives underneath the UK GDPR.
In some instances, this requirement could be along with the
obligation to nominate an EU consultant underneath the EU GDPR. For
instance, this might be related for UK organizations who goal
items or providers at, or monitoring the behaviors of, knowledge topics
within the EU, however who haven’t any presence within the EU.
- Lack of one-stop-shop
The UK ICO can not be a lead supervisory authority.
Which means that organizations who had recognized the UK ICO as
their lead supervisory authority will lose the advantages/protections
of the EU GDPR’s one-stop-shop regime (until they impact a
materials restructuring of their knowledge processing operations –
i.e., transferring their principal institution to an EU member state).
Initially Printed by Cooley, November 2020
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