Infobip’s Brexit notice for EU/EEA clients
In the event the UK exits the EU without the Brexit withdrawal agreement, INFOBIP LTD UK 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.
The Brexit Annex pre-signed by INFOBIP LTD UK is available at: https://www.infobip.com/assets/downloads/Infobip_UK_Brexit_Annex.pdf.
What is the purpose of this notice?
Taking into consideration the chain of events involving the UK exiting the EU and the fact that 12 April 2019 is the earliest date on which the UK 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 UK (“no-deal Brexit”).
What does a “no-deal Brexit” mean in the context of data protection legislation?
The UK Government has made clear that, after the UK leaves the EU, the GDPR will be incorporated into UK 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 INFOBIP LTD UK 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 INFOBIP LTD UK and its clients are valid and shall continue to be. In this regard, nothing will change, and INFOBIP LTD UK 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 UK 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 INFOBIP LTD UK?
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, INFOBIP LTD UK has prepared a Brexit Annex containing the said Clauses.
How can our EU/EEA clients execute a Brexit Annex?
The pre-signed Brexit Annex with all explanations for its execution is available at https://www.infobip.com/assets/downloads/Infobip_UK_Brexit_Annex.pdf.
The completed and signed Brexit Annex is to be send to INFOBIP LTD UK via email at: firstname.lastname@example.org. Upon receipt of the validly completed and signed Brexit Annex, it will become legally binding.
In case additional information or enquiries regarding the Brexit Annex are necessary please contact: email@example.com.