Transfers of Personal Data to the UK and Gibraltar from the
Isle of Man when (if?) the UK leaves the EU
At the time of writing, there is still no clarity on if, when or
how the United Kingdom (UK) will leave the
European Union (EU) and many potential scenarios
ranging from an extension to the deadline for leaving, a second
referendum, a general election to a withdrawal of Article 50 are
all still possible. Accordingly, there appears a real risk that the
UK could leave the EU with no transitional deal. If there is a
"no deal Brexit", then the UK will neither be treated as
a member of the EU, nor will it have an adequacy decision. The same
is true of Gibraltar and both will therefore be caught by the
general prohibition within the Island's adoption of the EU
General Data Protection Regulation (GDPR) into
domestic law, prohibiting the transfer of personal data to
so-called "third countries", unless there are adequate
safeguards in place. Whilst there are mechanisms to
