Last changed: Tue, 8th Dec '20
Infobip’s Brexit notice for EU/EEA clients
The UK has formally left the EU and the transition period ends on 31 December 2020. During this transition period UK and EU will try to negotiate a new relationship, especially regarding issues such as UK-EU transfers. At the moment, the European Commission (EC) is carrying out an adequacy assessment of the UK. If the EC announces an adequacy decision before the end of the transition period, this will allow for the free flow of personal data to the UK from the EU to continue uninterrupted. However, until that adequcy decision is reached we advise our EU/EEA clients to conclude the EC Standard Contractual Clauses to ensure the legitimate transfer of personal dana from the EU to the UK.
With that in mind, 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 of the GDPR.
The Brexit Annex pre-signed by INFOBIP LTD UK is available here.
What is the purpose of this notice?
Considering the fact that the UK has left the EU, and the transition period after Brexit comes to an end on December 31, 2020 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 an adequacy decision by the EU Commision.
What does 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 (as the ‘UK GDPR’) 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 31.12.2020.?
Although INFOBIP LTD UK will cease to be an EU company it will 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 will 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, after the transition period ends on 31st Decembar 2020 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 the 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 here.
The completed and signed Brexit Annex is to be send to INFOBIP LTD UK via email at: email@example.com. 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: firstname.lastname@example.org.