Skip to content

Brought to you by

Dentons logo

Canada Regulatory Review

The latest information and developments on regulatory law across Canada.

open menu close menu

Canada Regulatory Review

  • Home
  • About Us
  • Dentons COVID-19 hub

Brexit impact on privacy

By Chantal Bernier
February 4, 2020
  • Privacy and Cybersecurity
  • Public Policy and Regulation
Share on Facebook Share on Twitter Share via email Share on LinkedIn

On Friday, January 31, 2020, the United Kingdom (UK) left the European Union (EU) after 47 years as part of the union.

While the UK has ceased to be part of the EU when the clock struck midnight in Brussels, the UK and EU have agreed to a transition period until the end of 2020, to allow the UK to continue its current relationship with the EU, while future trading relationships are negotiated.

As part of this transition period, the UK’s Information Commissioner Office has clarified that the EU’s General Data Protection Regulations (GDPR) will remain in effect until the end of 2020.

No changes required at this time, but …

If you or your clients offer goods or services in the UK, and process personal data of UK residents, the GDPR will continue to apply to the treatment and safeguarding of that personal data.

Similarly, the GDPR still applies, and data protection agreements (DPA) are still required as part of an agreement with organizations that process personal data of individuals from the UK.

The UK’s Data Protection Act of 2018 incorporates the GDPR into UK law. It remains to be seen what status the EU will give to personal data transfers to the UK: Will the EU allow such transfers or will it apply the same conditions as for the rest of the world?

Adequacy status for Canada

At the time of this writing, the EU Commission considered Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) adequate to receive and process personal data of EU residents in Canada without further conditions under the GDPR. However, this adequacy status is up for review in 2020 by the EU Commission.  

Even if Canada retains its adequacy status with the EU, it is not clear what regime the UK will adopt in relation to cross-border personal data flows. While it is fair to expect that the UK will look favourably at facilitating cross-border data flows towards North America in support of new trade agreements, UK businesses have recently started to show concern with the UK’s direction in that regard. Indeed, in the months leading up to the UK leaving the EU, organizations from the UK have started to ask for further assurances related to data protection from entities outside the UK, including Canadian businesses processing information of UK residents.

With all these uncertainties at play this year, do not be surprised if a UK business partner asks you to sign the Standard Contractual Clauses with respect to personal data of UK residents being stored or processed in Canada. 

What to expect

Following the transition period, there may be areas of uncertainty around the data protection landscape in the UK. It is likely, however, that the UK will keep its GDPR-based data protection legislation to address any concerns about the flow of personal data between the EU and the UK, and keep its flexibility in negotiating free trade agreements with North America.

Please contact a member of our Privacy and Cybersecurity group if you have any questions on the impact of Brexit and the privacy compliance obligations.

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Chantal Bernier

About Chantal Bernier

Chantal Bernier leads Dentons’ Canadian Privacy and Cybersecurity practice group. She is also a member of the Firm’s Government Affairs and Public Policy group. Chantal advises leading-edge national and international companies as they expand into Canada and Europe, enter the e-commerce space, adopt data analytics and roll out data-based market initiatives. Her clients include ad tech companies, financial institutions, biotech companies, data analytics firms and government institutions.

All posts Full bio

RELATED POSTS

  • Mergers & Acquisitions
  • Privacy and Cybersecurity

Privacy & Due Diligence: Privacy Issues in M&A Transactions

By Kelly Osaka | March 31, 2020
  • Energy
  • Public Policy and Regulation
  • Regulatory

Energy Regulation in the New Dynamic: Dentons Revisits its Pick of Canadian Regulatory Trends to Watch in 2020

By Simon Kupi | September 18, 2020
  • Climate Change
  • Environmental
  • Public Policy and Regulation
  • Regulatory

Bill C-12: Can the federal government get Canada to net-zero emissions by 2050?

By Dina Awad | November 24, 2020

About Dentons

Dentons is designed to be different. As the world’s largest law firm with 20,000 professionals in over 200 locations in more than 80 countries, we can help you grow, protect, operate and finance your business. Our polycentric and purpose-driven approach, together with our commitment to inclusion, diversity, equity and ESG, ensures we challenge the status quo to stay focused on what matters most to you. www.dentons.com

Dentons boilerplate image

Twitter

Categories

  • Aboriginal
  • Administrative Law
  • Anti-Corruption
  • Aviation
  • Broadcasting
  • Cannabis
  • Class Action Defense
  • Climate Change
  • Communications
  • Competition
  • COVID-19
  • Data
  • Drones
  • Energy
  • Environmental
  • ESG
  • Event
  • Financial
  • FinTech
  • Foreign Investment Review
  • Franchising and Distribution
  • Global Mobility
  • Government Affairs
  • Health
  • Immigration
  • International Trade
  • Judicial Review
  • Litigation and Dispute Resolution
  • Mergers & Acquisitions
  • Mining
  • Municipal
  • National Security
  • Privacy
  • Privacy and Cybersecurity
  • Product regulation
  • Professional Liability
  • Public Policy and Regulation
  • Public Procurement
  • Real Estate
  • Regulatory
  • Russia
  • Sanctions
  • Securities
  • Smart Cities
  • Supply chain
  • Tax
  • Technology
  • Trade and Economic Sanctions
  • Trade, WTO and Customs
  • Transportation
  • Ukraine/Russia
Dentons logo

© 2022 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site