SMOs must “prepare for all scenarios” to maintain data flows when UK leaves EU

The ICO has urged businesses to “prepare for all scenarios” as it publishes dedicated guidance to help small and medium sized organisations prepare for the possibility that the UK leaves the European Union with no deal.

The guidance provides the same advice previously published on how to maintain data flows, but has been produced to be more relevant and accessible to smaller organisations.

The sharing of customers’, citizens’ and employees’ personal data between EU member states and the UK is vital for business supply chains to function and public authorities to deliver effective public services.

At the moment personal data flow is unrestricted because the UK is an EU member state. In the event of ‘no deal’, EU law will require additional measures to be put in place when personal data is transferred from the European Economic Area (EEA) to the UK, in order to make them lawful.

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The ICO’s guidance sets out steps to take to keep the information flowing such as using pre-approved contract terms, which are currently used to transfer personal information worldwide.

Information Commissioner Elizabeth Denham said:

“It’s crucial that organisations make sure they properly prepare for all scenarios. If your organisation sends or receives personal information to countries in the EU, this guidance will help you work out whether you need to take steps now, what you need to do to prepare, and then let you get back to running your business.

“Even if you think your organisation doesn’t transfer data internationally, I’d urge you to read what we’ve produced, and assess whether you need to act.”