Although we wrote a blog post a little while ago about GDPR & Brexit – the impact it will have, we thought an update was well overdue since we have now officially left the EU (on the 31st January 2020).
We are now in what is called a ‘Brexit transition period’ which in essence means there is still a lot of uncertainty. During this time, it is important that EU laws are still abided by, and of course GDPR falls within this.
Now we have left the EU, what about GDPR?
From now until the 20th December 2020 (during this transition period), anyone dealing with personal data should continue to follow the GDPR.
The UK government played a big role in the introduction of the GDPR, and as we previously mentioned the Data Protection Act 2018 also plays a big role in the GDPR. As part of the European Withdrawal Agreement, the government will be incorporating the GDPR into UK data protection law.
What about after the transition period?
This phase is all a bit uncertain at the moment, and the future of data protection is currently unknown. We hope to have a better idea around December, but at the moment it is just a case of carrying on as you are.
There are several options after the transition period: leave with a deal, leave without a deal, and leave with no deal but obtain an adequacy decision. So until we hear more from the ICO the future is a little unclear when it comes to the GDPR.
Additional regulations that are changing
Alongside the GDPR, some other data-related regulations are due to be changed around the same time. These include:
- Electronic Identification, Authentication & Trust Services (eIDAS)
- The Privacy & Electronic Communications Regulations (PECR)
- The Freedom of Information Act 2000 (FOIA)
- Network and Information Systems Regulations 2018 (NIS)
- Environmental Information Regulations (EIR)
The main one to keep an eye on here is the PECR which are rules covering marketing, electronic communication and cookies. They are EU laws within the UK legal framework so they will continue to apply once we leave the UK. We will keep you updated on these changes in the coming months.