Yes, Brexit can affect data privacy compliance requirements for organisations operating in the European Union (EU) and the United Kingdom (UK). Prior to Brexit, the EU and UK were part of the same data protection framework under the General Data Protection Regulation (GDPR). However, after Brexit, the UK became a third country from the perspective of the EU, meaning that data transfers between the EU and UK are subject to additional restrictions.
Whilst the UK Data Protection Act 2018 (DPA) does allow data transfers to continue between the UK and European Economic Area (EEA) countries, where the EEA country is deemed ‘adequate’ in accordance with the DPA, organisations operating in the EU and UK need to undertake enhanced due diligence to ensure they and any data processors with whom they engage have appropriate mechanisms in place to comply with the data protection laws of both territories, such as Standard Contractual Clauses (SCCs) or International Data Transfer Agreements (IDTA)) or Binding Corporate Rules (BCRs). They also need to be mindful of local laws and regulations, such as the UK’s Data Protection Act 2018, UK GDPR and the EU’s GDPR, and ensure they are taking the necessary steps to protect personal data in accordance with these laws.
In summary, Brexit has made data privacy compliance more onerous and complex for organisations operating in both the EU and UK, and it is important for such organisations to stay informed and up-to-date on the latest data protection requirements and ensure that thorough checks and processes are in place and followed to ensure compliance with heavier regulation.
