13 January 2021

Brexit and data protection law: Personal data can still be transferred freely

The post-Brexit Partnership Agreement with the European Union which provisionally came into force on 1 January 2021 ensures the free flow of data

The Partnership Agreement negotiated between the EU and the UK entered into force provisionally on 1 January 2021. It puts the relationship between the EU and the UK on a new basis. However, the free flow of data between the EU and the UK is to remain unchanged without further guarantees or regulatory hurdles; initially on an interim basis and then on the basis of an EU adequacy decision. Unless and until the UK changes its data protection laws, there is little doubt that the EU Commission will grant the UK “equivalence” status. It can therefore be assumed that it will remain “business as usual” from a data protection perspective. With the attached GSK Update, we would like to inform you about the relevant provisions of the Partnership Agreement as well as about further background information on the data protection issue.

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Dr. Jörg Kahler

Partner*

+49 30 203907-0

joerg.kahler@gsk.de

* Partner: a partner within the meaning of the German Partnership Companies Act.
   Local Partner: not a partner within the meaning of the German Partnership Companies Act.
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