On the 1st January 2021 the UK will leave the EU further to the long-standing completion of Brexit negotiations, so what does this mean in terms of UKGDPR?
Following the end of the Brexit transfer period, GDPR will still apply to the UK but will be replaced by UKGDPR. According to globaldatahub.taylorwessing.com ‘Brexit data protection checklist’, UKGDPR will apply to those who process personal data in the UK, for those who are located in the UK and those who offer goods and services to the UK, or those who monitor behaviour, of individuals in the UK.
EUGDPR may still continue to apply to those who, ‘have branches or offices in the EEA, or those who offer goods and services to the EEA or monitor behaviour, of individuals in the EEA.
Understanding how your business operates in respect of UKGDPR
With this in mind, UK businesses should determine how their business operates in both the UK and the EEA. Businesses will need to define where their centre is for administration, where main activities are likely to take place and what types of data processing activities will be required in accordance too either UKGDPR or EUGDPR.
Documentation and policies may need to be updated or replaced so that it is applicable to UK / EU law. Legal information such as data protection assessments, privacy policies, processing records, agreements and legitimate interest assessments should all be reviewed to ensure compliance with UKGDPR.
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