Personal employee data transfer to the UK: impact of a no-deal Brexit?

Author: Catherine Mairy

Today the transfer of personal employee data from Belgium to the United Kingdom falls within the scope of the General Data Protection Regulation of the European Parliament and of the Council of 27 April 2016 (GDPR).

Provided that clear obligations are observed, the GDPR allows the free movement of personal data within the European Economic Area (European Union + Iceland + Norway + Liechtenstein).

In the event of a no-deal Brexit, the United Kingdom will be considered as a third country.

The transfer of personal data of employees from Belgium to a third country is allowed provided that the protection level of the natural persons which is guaranteed by the GDPR is not compromised.

The European Data Protection Board (European body contributing to the consistent application of the rules on personal data within the European Union) has produced an information note on the transfer of personal data in the event of a no-deal Brexit.

If, in the event of a no-deal Brexit, the personal data of your employees are transferred to the UK, please ensure that the register of processing operations and the 'Privacy Agreement' (Data Protection and Processing Agreement) that may be concluded with each of your employees, are amended accordingly.