Brexit: draft exit agreement and GDPR

The draft Trade and Cooperation Agreement between the EU and the UK contains an interim provision for the transfer of personal data to the UK which provides for a period of four months (which may be extended by a further two months) during which time the UK will not be treated as a ‘third country’ under GDPR, and thus allow for the free flow of data from EU and EEA Member States to the UK. The UK must nevertheless meet certain conditions, including not altering its rules without EU agreement, otherwise this transitional window will immediately expire and lead to the UK being treated as a ‘third country’. Were this to happen an examination of the adequate level of protection to allow the transfer of the data would be necessary. On the other aspects of this draft agreement, we invite you to access articles No.12284 and No. 12293.