How does the Brexit deal change how you handle data in your VA business?
We had a ‘business as usual’ arrangements in place that would have expired at the end of 31st January 2020. The Brexit deal means that this continues until 30th April or 30th June (unless either party objects or we get a ‘finding of adequacy’ on how the UK handles personal data. This requires no short term changes to UK data processing laws that would bring the UK out of alignment with GDPR.
What do you need to do as a result of the Brexit deal?
- work out if you think your contract will be in place after April 30th or June 30th
- if it is due to end before April 30th you can use the global contracts without the additional model clauses for data processors in 3rd countries without a finding of adequacy
- if it is due to end after April 30th you need to decide whether to issue the full pack (and make no changes in April or June) or issue the shorter version and issue the supplemental elements on April 30th or June 30th (or some other date in between) if a determination is made.
What is a data adequacy decision?
You may remember that at one point it was OK to send personal data to USA organisations who were relying on the USA Data Privacy Shield. Now it is not in EU GDPR terms. Their original finding of adequacy was changed later on as a result of what is known as the ‘Shrems decision’ or ‘Schrems II’. This was a decision by the European Court of Justice that the USA Data Privacy Shield did not provide adequate protection for personal data.
So a finding of adequacy is not necessarily permanent!
What does the Brexit deal mean for you?
You will also want to review how you collect and use ‘special category data’ since there may be implications about the changing locations of your data that you will need to bring to your customer’s attention, or you may need to update consent forms.
Is Brexit making your headache?
Here at KoffeeKlatch we’ve been thinking and planning for several possible Brexit deals over the last few years. From sorting out your GDPR to creating a range of global contracts designed to help you build your global future, we have been working as hard as we can. We did a lot of thinking and worrying and planning – so you don’t have to worry about these things. We have got your covered.
In a world full of uncertainty and change, why not relax and have a cup of coffee – there’s one less thing to worry about.