EDPB adopts statement on the end of Brexit transition period

The European Data Protection Board (EDPB) has adopted a statement on the end of Brexit transition period. As of 1 January 2021, the UK will no longer apply the GDPR to the processing of personal data and a separate legal framework regarding data protection and privacy will be in force in the UK. The EDPB recalls that, as a consequence, any exchange of personal data between EEA stakeholders and UK entities will constitute a transfer of personal data to a third country and therefore will be subject to the provisions of Chapter V of the GDPR. In the absence of an adequacy decision applicable to the UK, such transfer will require appropriate safeguards as well as enforceable data subject rights and effective legal remedies for data subjects, in accordance with Article 46 GDPR. Subject to specific conditions, it may still be possible to transfer personal data to the UK based on a derogation listed in Article 49 GDPR; however, Article 49 GDPR has an exceptional nature and the derogations it contains must be interpreted restrictively and mainly relate to processing activities that are occasional and non-repetitive.