The Government has issued guidance on ‘the actions UK organisations should take to enable the continued flow of personal data between the UK and the EU in the unlikely event that the UK leaves the EU in March 2019 with no agreement in place.’
The guidance, entitled ‘Data protection if there’s no Brexit deal’ on a data protection ‘in the unlikely event’ seeks to reassure by emphasising that the same level of data protection will apply after 29 March. Few SCL members or readers of this website will be reassured. The guidance States:
'the European Commission has stated that if it deems the UK’s level of personal data protection essentially equivalent to that of the EU, it would make an adequacy decision allowing the transfer of personal data to the UK without restrictions. While we have made it clear we are ready to begin preliminary discussions on an adequacy assessment now, the European Commission has not yet indicated a timetable for this and have stated that the decision on adequacy cannot be taken until we are a third country.
In the absence of an adequacy decision, the guidance goes on to suggest the use of standard contractual clauses.'