After Brexit, Great Britain and Northern Ireland Will Be Considered ‘Third Countries’ in Terms of Data Protection

What Are the Implications for British Companies?

On 15.01.2019, the British House of Commons voted against the EU withdrawal agreement negotiated by Theresa May's government and the EU. So it remains to be seen whether, when and how Great Britain will leave the EU. Bitkom President Achim Berg warns of the consequences of an unregulated withdrawal from the EU:"With the rejection of the Brexit deal, Europe is threatened with data chaos. If the EU Commission does not extend the withdrawal period, the worst-case scenario will apply now."

What Are the Implications for British Companies That Want to Process and Store Data from EU Citizens After the Withdrawal Date?

The exchange of data with third countries outside the EU is strictly regulated. In the absence of an adequacy decision by the Commission, the instruments of Art. 46 GDPR apply and appropriate safeguards need to be in place.

What Exactly Does this Mean?

This means that UK companies can work with EU companies on the basis of so-called EU standard contract clauses. This would commit UK companies to comply with data protection standards equivalent to those of the EU. Furthermore, approved codes of conduct and certification mechanisms could serve as a working basis. To be on the safe side, companies should outsource all their data processing to the EU, for example to a secure colocation data center in Germany.

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