Data protection implications of Brexit for the Bailiwick


We have received an increasing number of queries from organisations exploring the potential impact Brexit may have on Bailiwick organisations and data transfers to and from the UK.

Following the publication of the draft agreement on Britain’s withdrawal from the European Union on 14 November 2018 we would like to give the following update:

  • Our understanding is that the UK will remain subject to the GDPR during transition (so until December 2020) for data related to EU citizens  unless adequacy is recognised before then. This would seem to indicate that transfers of personal data from EU to UK will continue as at present, although we note that the word ‘transfer’ is absent from that section’s text in the draft agreement.
  • The draft agreement also gives 21 months for the UK to navigate the adequacy process, something recognised in the accompanying Political Declaration document that sets out the relationship between the UK and the EU once the transition period ends.

Following EU leaders approval of the draft agreement on 25 November, we continue to monitor this position as the agreement makes its way to the UK parliament on 11 December.

For more in-depth information please refer to: ‘Leaving the EU: the data protection implications of a Hard Brexit for UK businesses with EU data flows and clients‘ (May 2018 document)