Personal information transfer between the UK and EU post-Brexit

27 Apr 2017

Currently, as part of the EU, the UK is governed by the regime of the European Data Protection Supervisor (EDPS). Our laws relating to the transfer of data are compliant with the rules and regulations laid down by this regime. Data protection in the UK is overseen by the Information Commissioner’s Office (ICO).

The ICO defines its role as: “The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.” It is highly regarded for striking the right balance between the rights of the individual, the need for private and public bodies to transfer information about individuals and the needs of the state to regulate the whole ball game and keep abuses to a minimum, protecting privacy whilst regulating how state organs monitor us.

The ICO works on a daily basis with its EU counterpart.

The implications of the UK's exit from the EU are potentially far-reaching, as the EDPS sets the safety standards for data transfer and provided countries (inside or outside the UK) comply, data can be transferred.

What provisions will be negotiated and agreed between the UK and the EU on data safeguards will be interesting to see. The ramifications are profound. Many UK companies maintain servers in EU member states, and vice versa. Many of us purchase goods from countries in the EU online without so much as a second thought. All of this involves data transfer.

Having raised the question, I cannot supply any answers. Many will argue that UK ICO regulations are compliant and will be EU compliant at the time of exit, whilst others take the view that the ICO would need to satisfy the EDPS anew that all requirements are being met.

Whether or not the UK leaves the EU, it would seem that the UK must comply with EDPS governing regulations, such as that state that a transfer is necessary for the legitimate performance of the public tasks involved.

Further reading

Remote working and home security

Blog, News & PR
With a large proportion of the workforce now working from home, security arrangements for home workers need to be addressed - Robert Ganpatsingh explains
Read more Read

Tenants take note: dilapidations damages to be subject to VAT

Blog, Legal Updates
Property expert Cheraine Williams explains why dilapidations could be about to get more expensive
Read more Read

Covid business interruption insurance payments due to small and medium companies

Blog, Legal Updates
Partner Jonathan Compton looks at the Supreme Court’s decision on business interruption insurance
Read more Read

DMH Stallard’s corporate team shortlisted for four awards

Blog, News & PR
Current Corporate Law Firm of the Year hoping to hold on to the title in 2021
Read more Read
  • Brighton Office

    1 Jubilee Street


    East Sussex

    BN1 1GE

  • Gatwick Office

    Griffin House

    135 High Street


    West Sussex

    RH10 1DQ

  • Guildford Office

    Wonersh House

    The Guildway

    Old Portsmouth Road



    GU3 1LR

  • Horsham Office

    Ridgeland House

    15 Carfax


    West Sussex

    RH12 1DY

  • London Office

    6 New Street Square

    New Fetter Lane


    EC4A 3BF

  • Get in touch