30 September 2021

Trade activities conducted by UK companies in France always involve processing personal information of customers, employees or partners, located on both sides of the channel. Such data transfers need to be based on an adequacy decision, that allows the free flow of data between an EU Member State and a third country. In that regard, the adequacy decision reached by the EU Commission regarding the UK on June 28th, is of paramount importance.

On August 26th however, the UK government unveiled plans to rewrite data laws that would drift away from GDPR standards and jeopardize the status quo.

-First, the new internet regulation is likely to bring the EU to examine whether the UK still enforces an adequate protection of personal data. In the end, the free flow of data may no longer be ensured, and UK companies would be compelled to implement additional safeguards.

-Secondly, the change will make it even harder for companies to manage their compliance, adding complexity in an already confusing legal framework. Although processing data within the UK may become easier, businesses will face higher regulatory risks when conducting their business in France or another EU Member State.

To anticipate financial risk and build relationships with clients and investors based on trust, it is therefore necessary to initiate measures that will ensure compliance with the French data regulation.

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