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How will Brexit affect the GDPR?

Article 50 has been triggered and the negotiations between the UK Government and the EU are expected to last for two years. Therefore, UK businesses will still be part of the EU when the GDPR comes into effect May 25th 2018 and are required to have full compliance programmes in place prior to this date. The terms of Brexit are not confirmed yet, hence the technicalities of how GDPR will operate post-brexit are yet to be clarified.

 

Karen Bradley, the Secretary of State for Culture, Media and Sport, suggested in September 2016 that as negotiations currently stand, the UK would continue to enforce the GDPR once the UK has left the EU - giving an initial but not clarified idea of the government’s post-brexit GDPR intentions. The UK is expected to leave the EU in Spring 2019 at the very earliest, hence all UK businesses will be required to adhere to the GDPR for a minimum of a year, or face substantial fines of up to €20m or 4% of annual worldwide turnover. The future of the UK’s enforcement of GDPR will be dependent on whether the UK joins the EEA (European Economic Area). If it does then the GDPR will remain in action for UK companies, if it doesn’t then the UK would require a grant of adequacy for international data transfers and wouldn’t entirely conform to the GDPR.

 

Click here to view what GDPR Training we can provide you with.