GDPR in business general terms and conditions

[George2009]

Use of data under GDPR is included in our business terms and conditions. Since leaving the EU the GOV.UK website has information on changes and I need to reflect this in our t&c. Previously we referred to the Data Protection Act 2018 - the GOV.UK site says GDPR has been retained in UK law & will continue to be read alongside the Data Protection Act 2018.

Therfore, I wonder whether any further reference is necessary to the changes that have been made to a legislation now we have excepted the EU?

Thanks

 

[Deleted member 169416]

Hi

It is difficult to give a firm answer as to whether or not anything needs changing in the Terms without reviewing the provisions.

But as way of general guidance, post-Brexit the EU GDPR was incorporated directly into UK law at the end of the transition period to create a “UK GDPR”, which sits alongside the Data Protection Act 2018. Therefore, it would seem sensible that the Terms reference both pieces of law, unless the current wording of the Terms incorporates the UK GDPR by reference - for example if they include wording to the effect that it includes any other applicable laws.

If you transfer data outside of the UK then it may still be subject to the GDPR. If this is applicable to your business, we suggest that you first take a look at the ICO’s guidance on data protection and Brexit available on their website.

Hope that helps

Lawpoint

 

[Kitsunae]

You should go to the ICO page and click the link titled "End of transition - interactive tool for small businesses".

There's some stuff that you might need to do now that might change your T&Cs, e.g. around EU representatives.

That said, the EU-UK agreement basically says that that they're going to take four months (which can be extended) to decide the long term arrangements. (The ICO ever so helpfully says that you should make sure to be able to identify pre-Brexit data from future data, in case you need to apply separate rules to it.)

So you'll need to monitor the rules going forward.