GDPR and Brexit

Even if it currently looks as if the exit of the United Kingdom (UK) from the EU will be postponed further, it makes sense to deal with the focal point of Brexit now. Because with the UK's exit, it will be declared a third country.

With regard to the General Data Protection Regulation (GDPR) this means that personal data can only be transferred under certain conditions. This is because the GDPR always initially assumes that no equivalent level of data protection is guaranteed when classifying countries outside the EU.

In the case of the United Kingdom of Great Britain and Northern Ireland there are two scenarios:

Possible Brexit scenarios

Scenario 1: Deal-Brexit / regulated exit

• The GDPR continues to apply for the transitional period until the end of 2020.
• The transitional period may be extended by one year, with a deadline of 01.07.2020.
• Firstly, there is no impact on cooperation.

Scenario 2: No-Deal-Brexit / unregulated exit

• The UK becomes a third country within the meaning of the GDPR.
• Concrete effects on the transfer of personal data.

In what case do entrepreneurs need to prepare for the no deal brexit?

Sollten Unternehmer eine der folgenden Fragen mit “ja” beantworten, müssen Maßnahmen zur Sicherstellung des Datenschutzniveaus getroffen werden:

1. Are branches, sales staff or even the headquarters of your company located in the UK?
2. Do you transfer personal data to service providers or cooperation partners based in the UK?
3. Are subcontractors of your contract processors located in the UK? Please note that this also applies to subcontractor situations (e.g. computer centres).