Until the end of the post-Brexit transition period (i.e. until December the 31st, 2020), the relation between the UK and the European Union was maintained on the pre-Brexit terms. This also applied to issues related to the GDPR, thanks to which employers posting employees from Poland to the UK could continue to transfer data freely. What is the situation after the end of the transition period?

Free data transfer during the additional transition period

The trade and cooperation agreement that united the European Union and Great Britain did not bring a revolution in the field of personal data protection. On the contrary, the provisions of the agreement include a passerelle clause which stipulates that for the duration of the additional transition period (which started on the 1st of January 2021) the transfer of data from the EU to the UK will not be considered a transfer to a third country under the EU law. Therefore, employers do not have to meet additional requirements resulting from Chapter V of the GDPR. The transition period will last until the European Commission adopts an "adequacy decision" or until July the 1st, 2021 at the latest.

Employers from the UK 

Currently, employers based in Great Britain and posting employees to the EEA do not have to meet any additional requirements and can transfer the personal data of their employees freely.

Important role of the decisions of the European Commission

It should be noted that the British Supervisory Authority (ICO) encourages local data controllers to implement appropriate safeguards by April 2021.

If the European Commission does not make an "adequacy decision", then the transfer of personal data will have to be carried out with the use of safeguards specified in Art. 46 of GDPR.
 

More in the article by Dominika Dorre-Kolasa and Kinga Ciosk "The importance of personal data protection for companies posting employees" for Dziennik Gazeta Prawna (article from 15 January 2021).