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Are you prepared for the end of the transition period?
The Withdrawal Agreement acknowledged by the EU and UK government stipulates a transition period to last until 31 December 2020. During this period, the UK agreed to continue following the EU laws and regulations – including GDPR – despite the ‘exit’ taking place in January 2021. Although nothing will change until 1 January 2021, you should already start preparing by appointing your EU and/or UK Data Protection Representative.
What do you need to as from 1 January 2021?
Depending on where your company is located and where you do business, you may need to appoint one or even two Data Protection Representatives.
I am a UK Company
As from 1 January 2021, the UK will become a “third country”. However, the EU GDPR will continue to apply to your company if:
You don’t have an establishment in the EU/EEA.
You offer products or services to individuals who are I the EU-EEA or fi you monitor the behaviour of such individuals (including UK citizens living within in EU/EAA).
You will most likely have to appoint a GDPR representative.
I am an EU/EEA Company
As from 1 January 2021, the UK will become a “third country” but it will apply the ‘UK GDPR’. So, the key obligations, rights and principles of the EU GDPR will remain the same in the UK.
This means that the UK GDPR will also apply to your company if:
You don’t have an establishment in the UK.
You offer products or services to individuals who are in the UK or you monitor the behaviour of such individuals (including EU/EEA citizens living in the UK).
The UK’s data protection authority (ICO) confirms that “the UK government intends that after the transition period ends, the UK version of the GDPR will say that a controller or processor located outside of the UK – but which must still comply with the UK GDPR – must appoint a UK representative”.