If you have providers in the UK, pay attention to 1st November 2019
As we all know, 31st October is the official date for the United Kingdom to leave the European Union. In other words BREXIT. This date and event, which you might think will affect you very little personally, could have direct consequences on your business (large, medium or small) if you have suppliers providers or collaborators in the UK to which you provide the personal data of your clients, leads, employees, or any other type of data.
As of midnight on 1st November 2019, provided no agreement is reached beforehand, the United Kingdom will be considered a third country with regard to the protection of data, so transferring personal data there will be subject to certain special or reinforced conditions.
In effect, from that date and time, transferring data to the United Kingdom will involve the same legal risks as doing so to India, Burkina Faso or Cuba... as was indicated by the European Union itself very recently on 4th October.
Things to bear in mind:
- Check whether the personal data of clients, leads, employees, etc. that you collect in your business process goes to a company or organisation in the United Kingdom. This ranges from service providers to partners or collaborators to which you provide the data you have obtained.
- If the answer is no then you have no concerns, at least not regarding this matter.
- If the answer is yes then you have several options:
- Ask the third party located in the United Kingdom to sign one of the agreement models produced by the EU. If the third party is a provider, it should sign this agreement; if it is a third party that uses the data you provide for its own purposes, it should sign this one.
- Where signing an agreement is not possible, ask the data subjects (clients, leads, employees, etc.) for express consent for their data to be transferred to the United Kingdom.
- Lastly, remember to inform of the transfer of data to the United Kingdom in your Privacy Policy.
Let me say it before you do: they never stop making life difficult for the simple entrepreneur and business owner, but that’s why we’re here ; )
