Operating across the UK, EU, and EEA presents specific challenges when it comes to data protection. Although these regions share some similarities in their approach to data privacy at this time, it is possible that in the future subtle but crucial differences in legislation may be introduced which may trip up even the most diligent businesses. Non-compliance can result in severe fines and significant reputational damage.

Complexities in Data Protection Compliance

Regulatory Differences:

While the EU and EEA countries are governed by the General Data Protection Regulation (GDPR), the UK, post-Brexit, operates under its Data Protection Act 2018, which incorporates UK GDPR. Understanding the legislation is key to maintaining compliance across these jurisdictions.

Data Transfers:

The UK’s exit from the EU means data transfers between the EU/EEA and the UK are considered "international transfers" and may require additional safeguards, like Standard Contractual Clauses (SCCs) or Adequacy Decisions.

Local Representation:

The GDPR and the UK Data Protection Act both require organisations that process data of their respective residents but are based outside of these regions to appoint a representative for data protection matters. For organisations operating in both areas, this likely means appointing separate representatives for the EU/EEA and the UK.

Ilisi Expert Legal Compliance in the UK and its sister company, Ilisi BV, based in Rotterdam are perfectly placed to act on your behalf in all matters of Data Protection in the UK, EU and EEA. To find out more complete our contact form.