This may of course be overtaken by events in Westminster, but the Department for Education has published some information for the sector on the implications of a ‘no deal’ Brexit on transfers of personal data (in addition to its earlier guidance on no deal planning for schools more generally). If the UK leaves without a deal, it will become a ‘third country’, which means any personal data transferred from the European Economic Area (EEA) to the UK will need to be subject to a specific legal ‘gateway’, such as via the use of EU-approved model clauses in contracts governing any such transfers. Transfers from the UK to the EEA will be unaffected.
Whilst schools are probably less likely to be affected by this issue than universities, the guidance does note that there could be some scenarios of direct relevance, for example when UK schools receive personal data from a controller based in the EEA for a school exchange.
Deal or no deal, both the GDPR and the Data Protection Act 2018 will continue to apply in the UK – so compliance duties more broadly will continue for schools as they are.
To view the EU exit guide: data protection for education providers please click here.
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This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, April 2019