'Data flows post 29 March are under threat', says Hogan Lovells

Eduardo Ustaran, Co-Director of the global Privacy and Cybersecurity practice of Hogan Lovells, said: "The Brexit deal that was emphatically rejected in Parliament last night would have meant business as usual in terms of data flows until the end of 2020 and probably data adequacy in the longer term. But with the increased possibility of a no-deal Brexit, data flows post 29 March are under threat.

"Preparing for a no-deal Brexit requires identifying current and future EU-UK data transfers and urgently ensuring that UK entities become "safe importers" of data in Data Transfers Agreements. On top of that, UK-based providers of data processing services need to offer express contractual safeguards to meet European expectations, and onward transfers of EU data beyond the UK must be equally legitimised. So a no-deal Brexit definitely means more bureaucracy, not less.

"All of this at a time when UK data protection is already subject to GDPR rules and the scrutiny of the Information Commissioner anyway, so it is somewhat surreal that Brexit is affecting the freedom of movement of data between the EU and the UK at all. This is a clear example of how toxic a potential no-deal scenario has become and how it will impact the digital economy in the future.”

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