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Brexit- An End to the Free Movement of Personal Data?

By Diarmaid Gavin, Elena Vassileva and Kate Duffy

Earlier this month the European Commission’s Directorate-General for Justice and Consumers (DGJUST) published its “Notice to Stakeholders: withdrawal of the United Kingdom from the Union and EU rules in the field of data protection”. The notice should come as no surprise as it simply reiterates the applicability of the general European Union data protection law regime that restricts data transfers outside of the EU unless adequate safeguards are in place or the third country guarantees an adequate level of protection.

Brexit- An End to the Free Movement of Personal Data?

While the UK has indicated that it wishes to remain closely aligned with EU Data Protection law (it will, after all, at the point of withdrawal have implemented the General Data Protection Regulation (“GDPR”)), the outcome of the Article 50 negotiation process and whether the terms of any withdrawal agreement will address data transfers between the UK and the remaining 27 EU member states) is uncertain. In those circumstances, the notice serves as a valuable reminder of the legal implications of Brexit on the ways organisations and businesses process personal data and to consider implementing one of the mechanisms available to them for the purposes of personal data flows to third countries. 

Read Ronan Daly Jermyn’s full summary of this GDPR update here.

For more information on the content of this Blog post contact:
Diarmaid Gavin, Partner – Brexit – diarmaid.gavin@rdj.ie
Elena Vassileva, Registered European Lawyer – Cyber and Data Protection – elena.vassileva@rdj.ie

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