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LIFETIMESMS PRIVATE LIMITED’s Brexit notice for EU/EEA clients
In the event the PK exits the EU without the Brexit withdrawal agreement, LIFETIMESMS PRIVATE LIMITED PK has prepared for your consideration a Brexit Annex containing the EC Standard Contractual Clauses which will ensure our EU/EEA clients continue being GDPR compliant in the meaning of Article 46.
What is the purpose of this notice?
Taking into consideration the chain of events involving the PK exiting the EU and the fact that 12 April 2019 is the earliest date on which the PK may leave the European Union (“Brexit”), this notice sets out the key points on how Brexit could affect our business relationship in terms of the protection of personal data in the absence of a withdrawal agreement between the EU and the PK (“no-deal Brexit”).
What does a “no-deal Brexit” mean in the context of data protection legislation?
The PK Government has made clear that, after the PK leaves the EU, the GDPR will be incorporated into PK law with some necessary adjustments. So, there will be no substantive change to the rules that we have already been following.
What changes will happen after a “no-deal Brexit”?
Although LIFETIMESMS PRIVATE LIMITED PK will cease to be an EU company it shall continue to provide its services without any major changes and personal data will continue to be stored and processed at the processing systems located at data centres within the EU.
All data protection agreements concluded between LIFETIMESMS PRIVATE LIMITED PK and its clients are valid and shall continue to be. In this regard, nothing will change, and LIFETIMESMS PRIVATE LIMITED PK will continue to carry out its contractual obligations as it has thus far.
However, in the “no-deal Brexit” scenario, personal data flows will be affected and will go from being unrestricted to restricted. In other words, a two-way free flow of personal information will no longer be unconditionally possible, and any transfer of personal data from the EU/EEA to the PK shall have to be conducted under a so-called “transfer mechanism”.
What kind of transfer mechanism can our EU/EEA clients use when exporting personal data to LIFETIMESMS PRIVATE LIMITED PK?
In the current absence of an EU Commission adequacy decision, we advise our EU/EEA clients to conclude EC Standard Contractual Clauses. In anticipation of this, LIFETIMESMS PRIVATE LIMITED PK has prepared a Brexit Annex containing the said Clauses.
How can our EU/EEA clients execute a Brexit Annex?
The completed and signed Brexit Annex is to be send to LIFETIMESMS PRIVATE LIMITED PK via email at: [email protected]. Upon receipt of the validly completed and signed Brexit Annex, it will become legally binding.
