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ARTICLE · 05 APRIL 2019

Brexit And UK-US Data Transfers: What's The Plan?

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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Despite the overall political uncertainty about Brexit, worries about a sudden stop to personal data transfers from the UK to the US are misplaced, deal or no deal.

European UnionPrivacy

Despite the overall political uncertainty about Brexit, worries about a sudden stop to personal data transfers from the UK to the US are misplaced, deal or no deal. There is, in fact, a plan, and it's a reasonable, practical plan.

The UK government plans to use its regulatory powers to ensure that prior arrangements between UK data exporters and data importers in other countries continue uninterrupted. That includes recognizing existing Standard Contractual Clauses between UK data exporters and non-UK data importers. The UK government will also recognize the EU Commission's Adequacy Decisions, including the decision regarding Privacy Shield. So US companies that import personal data from UK companies under the Standard Contractual Clauses or Privacy Shield don't need to do anything.

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