Cloudalize & Brexit

Introduction

The United Kingdom of Great Britain & Northern Ireland (UK) formally left the European Union (EU) on 31 January 2020. This act was recognised by the UK’s the European Union (Withdrawal Agreement) Act 2020 and the EU’s The Withdrawal Agreement.

Since Cloudalize has a UK-based data centre, we want to inform our customers in the EU and the European Economic Area (EEA)* what this means for data transfers and continued operations.

*The EEA is comprised of 3 member states: Iceland, Liechtenstein and Norway.

Cloudalize prepares for brexit and the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union

British Law

Since 2016, successive British governments have passed special legislation which specifically concern UK-EU data transfers:

  • Section 3 of the European Union (Withdrawal) Act 2018 (EUWA) absorbed the General Data Protection Regulation (GDPR) into British law immediately after withdrawal from the European Union.
  • Data Protection Act 2018 (DPA), complements GDPR and goes further by means of including national security and the Information Commissioner Office (ICO), the British data protection agency, into British legislation.

These acts extend to the whole of the United Kingdom of Great Britain and Northern Ireland.

Current Situation

Short Description

The draft UK-EU Trade and Cooperation Agreement (TCA) published on 24 December 2020 continues to recognise the UK as being “data adequate”. This guarantees that data continues to flow from Cloudalize’s UK-located data centre to the Cloudalize customers within the EU and EEA unimpeded for an additional 6 months from 1 January 2021.

Long Description

The UK officially ended the 12-month transition period at 0.00 CET on 1 January 2021 and is no longer a member of the European Single Market and the Customs Union. On 24 December 2020, The UK and the EU concluded Trade and Cooperation Agreement (TCA) which specifically references data transfers between the EU and the EEA.

Article FINPROV.10A.1 of the TCA provides a transition period of a “Specified Period” during which the EU will continue to recognise the UK as being data adequate. This “Specified Period” began on 31 December 2020 and ensures that data can continue to flow unimpeded between the UK, EU and EEA for 4 months; with an extension of two further months if required.

The UK ratified the TCA by passing the European Union (Future Relationship) Act 2020 on 30 December 2020. The EU has accepted that the TCA will be applied provisionally until 28 February 2021 until the European Parliament can formally ratify it.

Other Territories

Cloudalize customers in the Faroe Islands, the Channel Islands, the Isle of Man, Israel and Switzerland will continue to have the same rights and privileges in data protection legislation as before. These rights are guaranteed by EU, UK and national or regional legislation in the respective territories.

Further Information

If you require further information on the subject of the UK’s withdrawal from the EU, Cloudalize has a list of resources in the bibliography below or alternatively, you can contact Cloudalize’s Data Protection Officer at dpo[at]cloudalize.com.

Note: The information contained on this page was correct on the date of publication, 3 February 2020. Updated on 31 December 2020.

Bibliography: Brexit

United Kingdom

Primary Legislation
  • Her Majesty’s Stationery Office and Queen’s Printer (2018) European Union (Withdrawal) Act 2018 Available here
  • Her Majesty’s Stationery Office and Queen’s Printer (2018) Data Protection Act 2018 Available here
  • Her Majesty’s Stationery Office and Queen’s Printer (2020) European Union (Withdrawal Agreement) Act 2020 Available here
  • Her Majesty’s Stationery Office and Queen’s Printer (2020) European Union (Future Relationship) Act 2020 Available here
Additional Information
  • British Government (2020) Using personal data in your business or other organisation from 1 January 2021 Available here
  • British Government (2020) The UK Transition Available here 
  • UK Information Commissioner’s Office (2019) International data transfers Available here
  • UK Information Commissioner’s Office (2019) Guide to Data Protection Available here

European Union

Primary Legislation
  • Publications Office of the EU (2019) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community Available here
  • European Commission (2020) EU-UK Trade and Cooperation Agreement: protecting European interests, ensuring fair competition, and continued cooperation in areas of mutual interest Available here
Additional Information
  • European Commission (2020) International Dimension of Data Protection: Brexit Available here