Brexit: ICT and digital services
Do you supply ICT or digital services in the UK? Or do you store data in the UK? Since 1 January 2021, these data flows are no longer subject to EU legislation. With the exception of personal data, free flow of data between the EU and the UK continues to apply.
The information on Brexitloket.nl has been put together on the basis of the agreement between the EU and the UK. The Dutch government is currently analysing the details of the agreement. This means there may be changes to these texts in the near future.
Transitional arrangements
The agreement features transitional arrangements to avoid confusion on the level of data protection as of 1 January 2021. The EU and the UK have agreed on a bridging mechanism, that allows the continued free flow of personal data from the EU to the UK. This temporary measure remains in place until adequacy decisions come into effect. During a 4-month period the transferring of personal data to the UK will not be considered a transferral to a third country.
Please consult the website of the Dutch Data Protection Authority (Dutch DPA, in Dutch) for more information.
Focus areas
- The UK is no longer an EU country. Check if your data processing or storage supplier complies with EU regulations.
- If the product or service is vital to your business operation, you may want to consider alternatives.
- Do you store your data on an external server? Check if this server is located in the UK.
- Talk about this with your supplier of products, programmes or services. Check if your supplier complies with European legislation.
- Carry out a risk analysis of your suppliers. Consider looking for alternatives if the product or service is vital to your business operation.
- Check the website of the Dutch Data Protection Authority (Autoriteit persoongegevens, in Dutch) for more information on exchanging data with the UK.
- Use the information of the Dutch DPA to determine what you should do if there is no adequacy decision (in Dutch).
- The British government also offers information on the exchange personal data.