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ARTICLE · 12 JANUARY 2021

Brexit: What's The Deal With Data?

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How will the Brexit deal affect data protection regulation and transfers of data between the UK and the EU?

European UnionPrivacy
Alexander Milner-Smith (Lewis Silkin LLP)
Alexander Milner-Smith (Lewis Silkin LLP)
Bryony Long (Lewis Silkin LLP)
Bryony Long (Lewis Silkin LLP)

How will the Brexit deal affect data protection regulation and transfers of data between the UK and the EU? This article takes a first look.

The EU-UK Trade and Cooperation Agreement (the 'Deal') is sparse on detail on data however crucially it does grant pseudo adequacy to the UK for a period of four months (which can be extended to six months) from 1 January 2021 to allow the European Commission more time to make its formal Adequacy Assessment under Article 45 GDPR. 

Other issues (e.g. Lead Supervisory Authorities) regarding Data & Privacy and Brexit were already confirmed by the Withdrawal Agreement and remain unchanged.

The Deal

Data transfers from the EEA to the UK

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