10% Launch Discount! Use code "ROCKET"

View Blog

The Everyday Legal Blog

"Your affordable and accessible legal document service"
As our business grows and serves it's customers well, we enjoy sharing our business journey. Our blog's cover all sorts of subjects from running and creating our own business to special interest areas that may be affecting you. Browse the index at your leisure. You can click on a year or month to narrow the list.

After Brexit Transition - What Provisions are needed for Data Transfer?

“Everyday Legal commentary on the post Brexit transition needs regarding data transfer provisions into 2021 and beyond”

John Davies
Everyday Legal, Co-founder and Legal Expert

Personal Data Transfers - The New Position Following the End of Brexit Transition

This article concentrates on the personal data flow between the UK and the EEA (European Economic Area) from 1st January 2021 onwards and which we hope helps small to medium-sized UK businesses. For clarity – the EEA is the EU (European Union) plus Iceland, Norway, and Liechtenstein.
The UK left the EU on 31 January 2020 and entered the transition period which ended on 31 December 2020. 

Current Status

The UK Government has applied for an ‘adequacy decision’ from the European Commission. This will result in the Commission acknowledging that the UK’s data protection regime is robust and good enough to rely on for its member states to trade. Once granted, the data flow between the UK and the EEA will be substantially similar to when we were in the EEA. 

Until that time however, transfers from the European Economic Area to the UK will need to comply with EU GDPR transfer restrictions. There are changes to how to receive personal data from the EU and you may need to take action to remain compliant. Having said that, there is a 4 month grace period for the 'adequacy decision' to be considered and during that time, data can flow as before. We'll update you again when concluded.

GDPR (General Data Protection Regulation)

The UK is clearly intent on maintaining the high standards of the GDPR and the government has incorporated it into UK law as the UK GDPR alongside the Data Protection Act 2018. UK businesses are obviously subject to that Act.

It is vital to track your data and understand whether or not your data is sent to, received from, or held by any contact in the EEA. Overseas data processed prior to 1st January 2021 is called ‘Legacy Data’ and was obviously subject to the GDPR (known as ‘Frozen GDPR’).

Going Forward Now

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 be data protection compliant.

The UK government has stated that transfers to the EEA are not restricted. So, if you send data from the UK to the EEA you will still be able to do so and you don’t need to take any additional steps.

However, if you are a UK business or organisation that receives personal data from contacts in the EEA, you will need to take extra steps to ensure that the data can continue to flow now the Brexit transition period has ended. If a business or organisation in the EEA is sending you personal data, then it will still need to comply with EU data protection laws, and the action you take will ensure that the data can continue to flow.

What to do

Your trading contracts or data processing agreements need to be amended (by inserting "Standard Contractual Clauses") known as SCC's. These are clauses which are recognised and acceptable to both the UK and the EEA and will permit the flow of data in such circumstances.
You can cherry pick the clauses you want and insert them into any contract or amendment.

Alternatively, simply contact us and we can help you make the relevant legal amendments to your pre-existing contracts.

You can follow this link to the Information Commissioner’s Office for templates of relevant clauses - ICO SCC help.

If you are a UK business or organisation with an office, branch, or other established presence actually in the EEA, or if you have customers in the EEA, you will need to comply with both UK and EU data protection regulations from 1st January 2021. You may need to designate a representative in the EEA so it would be advisable to seek specialist advice.

If you are affected by the changes, you will need to review and maybe amend your data privacy documentation - Something we can easily help you audit and correct as needed.

We will of course keep you updated with further news as and when we receive it.

John Davies
4th January 2021

Saving you time and money

We hope you enjoy our short informative blogs. We are all about empowering the individual to take better ownership and control of the legal aspects of their personal and business life. We have a plethora of legal document templates that are quick and easy to explore and create. What's more, creation and editing is free. Explore our templates here 

Can't find what you are after?

Well don't forget, as well as self service legal templates, we can offer a "Tailor made documentservice ! It's easy to get in touch right here .

“A Feature on cancelled weddings and other events and the rights of the business and the customer”

Learn More   

“An article explaining how to make a Last Will and Testament during Covid-19 social restrictions and the new Law to help you safely witness your Will via a video call”

Learn More   

“An article illustrating a real life example of how Everyday Legal can help both individuals and the small business”

Learn More   



Shareholder Disputes - How to Avoid Them  

The Smart Entrepreneur - Tips for Startups & Small Businesses  

Being a Shrewd Entrepreneur and Setting up a New Business  


Our Top Customer Needs in Everyday Legal's First 8 Months of Trading  

The Top 10 Reasons To Have Excellent Terms & Conditions for Business Success  

Top 5 Benefits of Having Good Company Policies Documented  

An Expert Guide On Why You Need To Register Your Business' Trademark  

10 Top Tips to Save Money On Legal Expenses for Businesses  


Working from home successfully  

Common things to pursue in a Small Claims Court  

Here is a list of rental agreements to help you make money  

Over 50 and starting a business? You need to consider these contracts, agreements and policies  


Renting Out Your Motorhome  

Our Youngest Billionaire!  

UK to Make Will Witnessing Easier  

Legal Issues and the Small Business Part III  


Legal Issues and the Small Business Part II  

Legal Issues and the Small Business Part I  

Can Business force employees back to work?  

Everyday Legal - the first 4 month trading  


Flexible Working Part 2  

Flexible Working Part 1  

The Crucial Documents Every Small Business Should Have.  

Should I Care About Governance In My Small Business?  


Working with Data Protection - Part 2  

Working with Data Protection - Part 1  

Should a Contractor use an Agency?  

Working for Yourself (Part 3)  

New Whiplash laws & procedures  

Working for Yourself (Part 2)  


Working for Yourself (Part 1)  

Fancy a change of name?  

How to safely witness your Will  

Can Employers change contract terms?  


Have You Made a Will Yet?  

Health & Safety Tips for the Small Business  

Working from Home  

The Value of Policies and Procedures  

The Importance of a Non-Disclosure Agreement  

The Bank of Mum and Dad  

Registering a TradeMark  

Blue Passports are back  

IR35 and Off-Payroll Tax  


How to leave Cryptocurrency in your will  

Why Use a Contract  

Building our Website - Tech Blog 1  

Life After Brexit - Consequences for you  

Urgent Brexit Message from HMRC  


A Cookie ticks so many boxes  



No Deal Brexit. What are the Data transfer concerns