CZ Legal Alert - Brexit and personal data protection

• Czech Republic

11-01-2021

Almost a year after the United Kingdom left the European Union, the parties have concluded trade and cooperation agreement on 24.12.2020. In addition to zero tariffs and quotas on goods, the end of free movement and fishing rules, the agreement also addresses the protection of personal data.

The European Union and the United Kingdom have agreed on a transitional period during which the UK will remain under the General Data Protection Regulation (GDPR) regime for the transfer of personal data. The transitional period was set for a maximum of 6 months, ie until 30.6.2021. During this time, personal data can be transferred to the UK without any restrictions as before. If the EU does not decide on an adequate level of personal data protection in the UK by the end of this transitional period, the United Kingdom will find itself in a so-called third country regime, where personal data can only be transferred under additional GDPR restrictions (eg based standard contractual clauses). However, we assume that such a decision will be taken and it will therefore be possible to transfer personal data to the UK even after this transitional period without further restriction.

Please note that the transitional period does not apply to the so-called one-stop-shop mechanism, which has not been applicable to the United Kingdom since 1.1.2021. Controllers and processors established in the United Kingdo, who process personal data of the individuals in the EU in connection with the offer of goods or services to such individuals, or monitoring their behavior, are now obliged under Article 27 of the GDPR to appoint a representative established in the EU.

• Radek Matouš
• Partner
• +420 255 706 554
• +420 255 706 554

• Petra Kratochvílová
• Counsel
• +420 255 706 561
• +420 255 706 561

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