The United Kingdom (UK) left the European Union (EU) in January 2020. Since then, the UK has been in a transition period which expires at the end of December 2020. Whatever new arrangements are put into place (i.e. deal or no deal) there is an impact on how UK and EU based organisations comply with data protection legislation.

What is the legal position as it stands?

The General Data Protection Regulation (GDPR) came into force into UK law in May 2018. This version of GDPR effectively became the Data Protection Act 2018. Until we complete the transition, we are still being treated as an EU country and as a result nothing really has changed until this transition period ends.

However, from the 1st January 2021 the reality is that the vast majority of organisations will become none compliant with Data Protection Law.

Organisations have to plan to remain compliant with Data Protection Law.

What is going to change after the transition?

The reality of this is that the full impact is not clear yet. However we can be confident that in any scenario all UK businesses are going to have to do a complete review of their data protection status.

The rationale behind this view is as follows:

What is the impact of these changes?

The simple impact is that most organisations if they don’t react to the change in circumstances will be breaking the law post the end of the transition period. In the UK we believe that some additional time will be given by the Information Commissioners Office (ICO) to organisations to review their position and put the necessary changes into place. This is likely to be limited, probably about 6 months. After that, they will consider this a breach of the law and will likely act accordingly. (Note – this is only our opinion and they may enforce the changes immediately).

What do we advise?

The minimum requirement for all organisations is as follows:

How can we assist?

We can undertake the necessary consultancy to bridge the gap based upon a deal or no deal scenario. Please contact us for more details.

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