Please note: check the current status of the adequacy decision for the United Kingdom before this page goes live.
The protection of personal data is not regulated in the same way in every country. As an organisation, you may only transfer personal data from the Netherlands to another country if that country offers an adequate level of protection.
Transfers within the EU
Since 25 May 2018, the GDPR (General Data Protection Regulation) has applied and the level of data protection has been the same throughout the EU. Are you a Dutch organisation transferring data to a partner in another EU country? Then you only need to meet the privacy requirements of the GDPR.
Transfers to the United Kingdom
Since Brexit, the United Kingdom has been a so-called third country. Personal data may only be shared with parties in the UK under certain conditions. This can be done on the basis of an adequacy decision by the European Commission, with appropriate safeguards such as a specific contract (Article 46 GDPR), or by relying on one of the derogations (Article 49 GDPR). This protects data subjects against unlawful processing.
Who is most affected?
Anyone who, knowingly or unknowingly, does business with parties in the UK. From experience, we know that these sectors in particular are affected:
- building materials and components;
- logistics and transport, including warehousing, storage, transhipment and distribution;
- pharmaceutical companies, such as medicine manufacturers and pharmacists;
- educational and research institutions;
- law firms with an M&A practice;
- financial institutions, asset managers and banks.
Contracts with processors in the UK
Controllers must ensure that the privacy rules are complied with, including when they engage a processor in the UK. One example is hosting a server in the United Kingdom. Do you have contracts with parties in the UK? Have them reviewed and amended where necessary.
Let us advise you
Together with you, we look for the best way to keep exchanging personal data with your partners in the United Kingdom. That way, you can continue doing business with peace of mind and know exactly where you stand.