During the transitional period, the UK`s data protection standard has not changed. EU data protection laws, including the General Data Protection Regulation (GDPR), apply throughout the transition period, alongside the Data Protection Act 2018. The Information Commissioner remains the UK`s independent data protection regulator. The RGPD applies mainly to managers and processors (with a few exceptions) in the European Economic Area (EEA). The UK has left the EU and is now in a transition phase until 31 December 2020. At the end of the transitional period, the United Kingdom will become a third country. Third countries are countries outside the RGPD zone (EU Member States, Norway, Liechtenstein and Iceland). The RGPD limits the transfer of personal data to third countries unless personal data is protected by other means or an exception applies. For more information, check out our guide to international transfers.

This mechanism remains valid for British companies that send data to the US under the Privacy Shield agreement (and US organizations that receive DATA from the UK under Privacy Shield), but the text of the data protection shield privacy policy needs to be updated. The RGPD is an EU regulation that will no longer apply to the UK from the end of the transition period. However, if you operate within the UK, you must comply with UK data protection legislation. The Government has stated that it intends to incorporate the RGPD into UK data protection legislation from the end of the transition period – therefore, in practice, the fundamental principles, rights and obligations of data protection in the RGPD will not change much. There are only a few weeks left in the EU that it has not yet decided whether it accepts that the UK data protection system is still appropriate. Personal data is all information that can be used to identify a living person, including names, delivery details, IP addresses or HR data such as salary data. Most organizations use personal data in everyday operations. Some managers of processing and subcontractors in the UK may be required to appoint representatives based in the EU from 1 January 2021.

For more information, visit the OIC website or by phone at ICO-Helpline on 0303 123 1113 (open Monday to Friday). Title VII (Articles 70-74) of the withdrawal agreement contains certain specific data protection provisions. These are also influenced by other provisions of the entire text of the agreement, including Article 127, which provides, among other things, that EU law (i.e. the RGPD) will be applicable in the United Kingdom during the transitional period. Unless the parties decide, before 1 July 2020, to extend the transitional period from 1 to 2 years, the whole of eu primary and secondary law will no longer apply in the United Kingdom from 1 January 2021.

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