Data transfers between the EU and the UK post-Brexit

A number of McLernons’ customers have been in touch to ask about the implications that Brexit might have on the transfer of data between their pharmacy IT systems and McLernons, given that we store and transfer data between servers in the UK and Dublin.

The Trade and Cooperation Agreement (TCA),which sets out the future relationship between the EU and UK, contains provision in Article FINPROV.10A, for a ‘data bridge’ to last no more than six months from 1 Jan 2021.

This data bridge will allow personal data to flow freely between the EU and the UK without the need for additional transfer mechanisms. The UK will not be considered a ‘third country’ for data export purposes during this period. This data bridge should allow the EU to complete its adequacy assessment of the UK. It is thought the assessment is taking longer than expected as a result of the Schrems II decision.

In a statement, the ICO confirmed that the UK has deemed the EU, EEA and EFTA countries to be adequate for the purposes of transfers of personal data from the UK. This means that no additional measures will need to be implemented to facilitate the transfer of personal data from the UK to the EU.

The full statement can be read here –

We shall continue to monitor this situation and advise you of any changes which we may have to put in place when the six month period for the data bridge has expired.

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