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Data Protection and Consumer Rights

Better prepare for data protection compliance after a no-deal Brexit.

The Government and the Information Commissioner's Office (ICO) has provided guidance on how data-protection and consumer rights may be affected if the UK leaves the EU in a no-deal Brexit.

A Brexit deal has been agreed in principle with the EU. Both the UK and the EU need to approve and sign the withdrawal agreement. If the withdrawal agreement is not signed by the UK and the EU, the UK could still leave with no deal. Find out what you, your family, or your business need to do if the UK leaves the EU with no deal.

This guidance is subject to change at any time, so please bookmark this page and take a look at it regularly for updates. Don’t forget to sign up to our newsletter to receive regular Brexit updates straight to your inbox.

Data Protection
You need to continue to follow data protection law. If we leave the EU without a deal, most of the data protection rules affecting small to medium-sized businesses and organisations will stay the same.

If you are a UK business or organisation that already complies with the GDPR and has no contacts or customers in the EEA, you do not need to do much more to prepare for data protection compliance after Brexit.

If you are a UK business or organisation that receives personal data from contacts in the EEA, you need to take extra steps to ensure that the data can continue to flow after Brexit.

If you are a UK business or organisation with an office, branch or other established presence in the EEA, or if you have customers in the EEA, you will need to comply with both UK and EU data protection regulations after Brexit. You may need to designate a representative in the EEA. The Information Commissioners Office (ICO) has a plan of action here: https://ico.org.uk/media/for-organisations/documents/2614365/leaving-the-eu-6-steps-to-take-final.pdf

Find out more here

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Consumer Rights

The government has taken steps to ensure that UK consumers will retain the protections they currently have when buying from UK businesses. This means making certain changes in UK legislation through the EU Withdrawal Act to ensure that the law operates effectively after exit.There may be an impact on the extent to which UK consumers are protected when buying goods and services from the EU. The laws of those states are similar but may differ in some areas to UK law. UK consumers will no longer be able to use the UK courts effectively to seek redress from EU-based traders, and if a UK court does make a judgement, the enforcement of that judgement will be more difficult.

In addition, there will no longer be reciprocal obligations on the UK or EU member states to investigate breaches of consumer laws or take forward enforcement actions. Read more here: https://www.gov.uk/guidance/consumer-rights-and-business-changes-after-brexit

Here we’ve summarised some of the government’s current advice, however, it is changing regularly so it’s worth continuing to look at these pages for updates. Please visit https://www.gov.uk/guidance/the-retail-sector-and-preparing-for-eu-exit or https://www.gov.uk/business-uk-leaving-eu for specific information for your sector.


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