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SC Media: Data Questions Remain as UK Exits EU

December 28, 2020

O’Melveny special counsel Scott Pink spoke with SC Media on the data security and privacy implications of the latest Brexit deal. The terms of the UK’s exit from the EU left great potential for misunderstanding among privacy officials globally, according to the article.

European privacy laws prohibit the transfer of personal information outside the Union without guarantees that the data will be held to the same standard of care, the publication reported. Now that the UK is leaving the EU, a firm storing data in the UK will eventually be subject to the same burden as those in North America or Africa.

Pink told the publication that companies who have based their data representative in the UK would now need to move their representative to an EU country. “The data representative, a local point for official contact, is a requirement to do business in the EU. As UK and EU laws diverge, companies will need to keep track of differing privacy regimes,” Pink said. “You now have to keep track of two things: what the UK is doing and what the EU is doing.”

Read the full article here.