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Due to the EU’s new standard contractual clauses for the transfer of personal data to third countries (“SCCs”) being implemented after the UK left the EU, some UK businesses have been left in the difficult position of trying to work out which of the two current sets of SCCs they should use when transferring personal data overseas.

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Post 31 October 2019 we are still unclear what Brexit means and when it will impact. Current options include a hard Brexit, a soft Brexit or even no Brexit. This means businesses need to plan for both a hard Brexit and a soft Brexit.

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In light of recent Brexit negotiations and subsequent parliamentary activity, the focus of the Information Commissioner’s Office (ICO) has turned to that of the continued lawful transfer of personal data between the UK and Europe in the event of a no-deal Brexit.

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Putting politics aside, Brexit will undoubtedly have a significant impact on how UK plc does business. Whilst it is likely to have a limited impact on English contract law, its impact on the practical obligations within contracts may be more significant.

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