GDPR and Brexit – 2021 update

GDPR

On January 1, 2021, the United Kingdom formally and effectively left the European Union.

Although the UK is now “a third country” under the EU’s GDPR (i.e. a country outside of the EU without an adequacy decision), a provision in the agreement signed by the UK and EU in December 2020 secures an interim period of six months of unrestricted data flow between the two blocs.

This GDPR/Brexit interim data transfer agreement means that – even though the UK is no longer part of the EU and therefore not under the EU’s GDPR – personal data is allowed to be transferred between the UK and EU unrestricted as before.

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