How Brexit Will Impact Compliance

The UK has left the European Union, and as of 23:00 (GMT) on 31st December 2020, the transition period will come to an end. 

As it still not clear if a new trading agreement will be in place beforehand, W2 have taken steps to ensure that any risks associated with information and/or data sharing have been adequately addressed. 

Data transfer

The EU has not at this point, granted the UK and GDPR equivalency status. We continue to hope that this, or a trade agreement is in place before the 31st. However, we have in place with our EEC clients standard contractual clauses under which we facilitate data transfers.   

A new set of Standard Contractual Clauses (SCC) have been drafted, and the consultation period for these closed on the 10th December 2020. 

While it was planned that the new SCC’s would be adopted by 31st December, it appears that these will not be adopted until early 2021, and as such we will continue to operate under the existing SCC’s until such time that the new ones are adopted. 

W2, like other businesses, continue to hope that the EU grants the UK and Adequacy decision in relation to data security and GDPR compliance, however, until this time, we will continue to operate under the SCC’s.

What are the SCCs?

If someone in Europe (in the EEA) sends personal data to someone else who is outside the EEA, they must comply with GDPR rules on international transfers of personal data.  The standard contractual clauses (the SCCs) are one of a number of ‘safeguards’ which can be used to comply, and the one most likely to be appropriate for small and medium-sized businesses. 

The SCCs are standard sets of contractual terms and conditions which the sender and the receiver of the personal data both sign up to.  They include contractual obligations which help to protect personal data when it leaves the EEA and the protection of the GDPR. 

The SCCs are an additional safeguard for a ‘no-deal’ Brexit and do not replace any current W2 contracts.

Structure of UK sanctions lists

After the transition period has ended, there will be some changes to the structure of the UK sanctions lists as the UK will no longer be bound by EU regulations.  UK sanctions will fall under the sanctions and Anti-money Laundering Act 2018 (SAMLA), and the UK will continue to implement UN sanctions using this act. 

Please contact us for further information: 

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