EU/ EEA Data Flow: Business Readiness Update

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Article

14 December, 2020

As the end of the transition period fast approaches, businesses must focus on actions required to ensure personal data continues to flow from the EU to the UK. This was the point raised by Secretary of State for Business, Energy & Industrial Strategy Alok Sharma in his weekly Business Readiness letter dated 11.12.2020.

Businesses which receive personal data from the EU/EEA are urged to consider how they will continue to receive data from clients in the EU lawfully from 1 January 2021. Specifically, businesses should not bank on their being a ruling from the European Commission that the UK has "adequate" data protection laws (which would allow for something closer to business as usual) and should get ready by:

  • Taking stock of the personal data processed prior to 1 January 2021.
  • Mapping data flows and put in place alternative transfer mechanisms, such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs) with any relevant EU organisations if it receives personal data from a business based in an EU/EEA country.

Businesses should however beware of the implications of the recent Schrems II judgment at the European Court to the SCCs which means that EU data controllers will have to assess whether the SCC alone are enough or whether they require additional contractual protection for personal data.

For more information contact Bethany Paliga in our Governance, Procurement & Information department via email or phone on 01254 222347. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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