Ireland Update – Impact Of Brexit On Data Transfers

Introduction

As the end of the Brexit transition period on 31 December 2020 (the "Transition End Date") draws closer and political uncertainty continues around the outcome of negotiations between the EU and the UK, organisations must now consider the implications of a potential 'No-Deal' Brexit scenario on their business activities, including on transfers of personal data from within the EU to the UK.

Potential Outcomes of Brexit Negotiations

On 6 July 2020, the European Commission issued a notice which sets out the position relating to transfers of data from the EU to the UK after the Transition End Date (the "Notice").

The Notice acknowledges that while negotiations between the EU and UK may result in an agreement being reached as to how flows of data from the EU to the UK will be governed, there is a clear possibility that no such agreement will be reached.