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We must all be very concerned about the implications of Brexit as the possibility of leaving the EU without a deal gets more likely by the day. One cannot be optimistic that a transition will permit the UK to continue trading with the EU and other approved countries under the GDPR regulation; it may happen, but it cannot be assumed. The requirement therefore is to make or at least prepare the necessary alterations in workflows and processing to ensure standardisation and continuity of data transfers.
How might matters develop:
The existing mechanism to permit non-EU countries to be able to trade on the same terms as EU countries, is an Adequacy Decision.
This is a decision taken by the European Commission establishing that a third country provides a comparable level of protection of personal data, to that in the European Union, through its domestic law or its international commitments. As a result, personal data can flow safely between the European Economic Area (EEA), (the 28 EU Member States as well Norway, Liechtenstein and Iceland), to such a third country without being subject to any further safeguards or authorisations.
The UK has fully incorporated GDPR into UK legislation. For the moment it is difficult to see how the EU could deny, on strictly GDPR terms, an Adequacy Decision in line with approvals already given to ; Andorra, Argentina, Canada Faeroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland Uruguay and most recently, Japan.
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