Statement on Brexit Transition

From the 1st January 2021 the UK is no longer a member of the EU following the expiration of the transitional period. This will mean there are some key changes to how the UK interacts with the data of EU persons. 

UK GDPR

The first of these is the creation of the UK GDPR. There is very little material difference between this and the EU GDPR and the ICO has advised that the key principles, rights and obligations will remain the same as before. Therefore, Yapster has no changes to make in this respect. Of course, as time goes by, there is the chance of divergence between the two bodies of legislation and so Yapster will continue to monitor the EU GDPR alongside the UK version to ensure compliance with both. 

Sending data to the EU and approved ‘third countries’

Due to the existing EU adequacy decisions being retained by the UK, and the Government permitting transfers to the EEA, the situation for such transfers will remain unchanged.

The twelve third countries that have received adequacy decisions are as follows: Andorra, Argentina, Canada (commercial organisations only), Faroe Islands, Guernsey, Israel, Isle of Man, Japan (for private sector organisations), Jersey, New Zealand, Switzerland and Uruguay.

Processing data from the EU

Unless and until the EU reaches an adequacy decision for the UK, appropriate safeguards must be in place. In the main, this is to be achieved by using Standard Contract Clauses (SCCs).

To this end for our Customers with employees based in the EU we will be issuing a set of SCCs drawn up using ICO guidance. These SCCs will put into place the necessary safeguards to ensure that data is transferred in a legally acceptable manner.

Processing data from a ‘third country’

If the third country has agreed to maintain unrestricted flows of personal data, which all of the third countries listed above except Andorra have, then there is no change needed. From any other country, their national laws will be consulted, this again is consistent with the approach prior to the Brexit transition.

As an additional measure, we can prompt EU and third country employees to resubmit acceptance of processing should you desire. Please advise us if you require this.

EU Representative

As Yapster is a UK based company, and the vast majority of our customers are also UK based with a  small percentage of EU based employees (as a total of overall user base). We have taken the decision that we do not need an EU Representative. We will continue to monitor this situation and should it become necessary, we will make such an appointment.