Brexit: ICT and digital services
Do you supply ICT or digital services in the UK? Or do you store data in the UK? 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.
This information is based on the agreement between the EU and the UK.
Transitional arrangements
The agreement features transitional arrangements to avoid confusion on the level of data protection. 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 6-month period the transferring of personal data to the UK is not considered a transferral to a third country.
Please consult the website of the Dutch Data Protection Authority (Dutch DPA, in Dutch) for more information.
Q&A about the TCA
There is an extensive Q&A about the Brexit Trade Agreement available on the website of the European Commission. It explains what the new rules mean for different sectors, such as trade in goods, fisheries and road transport. There are nine chapters in total and you can search per sector. At the top you can choose your language. You can find answers to questions such as: What was agreed to facilitate trade in automotive? How does the Agreement contribute to trade and sustainable development? Will air carriers still have the same rights to operate between and within the EU and the UK? Note that this Q&A was published in December 2020 and therefore speaks of a draft agreement.
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 (in Dutch).
- 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.