London Daily

Focus on the big picture.
Saturday, Mar 14, 2026

No-deal Brexit data - should firms worry?

No-deal Brexit data - should firms worry?

In a no-deal Brexit, the UK will need to prove to the EU that its data protection is up to scratch.

"Take steps now to keep receiving data legally from the EU."

That's the message for businesses in a full page government advert in the Financial Times and elsewhere.

It goes on to warn that after 31 October "you may need to update your contracts."

But just how worried should companies big and small be about handling data in the event of a no deal Brexit?

The advert tells readers to follow the step-by-step guide at gov.uk/brexit.

But when you arrive there, finding your way to the advice about data is not straightforward.

I found that I had to pretend to be a business and answer a whole series of questions before I was presented with the information.

So here is the key issue. Right now data can flow freely across the EU as long as companies conform to its tough new General Data Protection Regulation (GDPR).

And as the GDPR is being incorporated wholesale into UK law, there should be no real change after Brexit - as long as we leave with a deal.

But if there is no deal, we will be treated as an external country, needing what is called an adequacy ruling showing our data protection standards are up to scratch - and the European Commission has indicated that this would not happen in a hurry.

So what do businesses need to do? Well, sending data to the EU will apparently be no problem because the UK government has decided it is happy with European standards.

But if you receive data - perhaps a lists of names and addresses of customers - from a company in the EU or the wider European Economic Area then you will need to take action.

The advice is that you should "review your contracts and, where absent, include Standard Contractual Clauses (SCC) or other Alternative Transfer Mechanisms (ATM) to ensure that you can continue to legally receive personal data from the EU/EEA."

Err - right. I can hear dozens of small business owners gulping at that.

But the gov.uk site then sends them over to the Information Commissioner's Office to find a handy interactive tool which will allow them to work out just how to craft one of these clever contracts.

Don't worry, the government site says, "for most organisations, especially SMEs, taking the required action isn't highly costly and doesn't always require specialist advice."

But don't think you can just ignore the problem."If you fail to act, your organisation may lose access to personal data it needs to operate."

Big companies are likely to have addressed this issue. One payments firm told me it had opened an office in Ireland, and was preparing to tell EU customers that their business would now be handled from there.


'Insurmountable bureaucracy'


But how prepared are small businesses?

Ben Thompson, co-owner of a cycle store in Fort William in Scotland, has visited the gov.uk/brexit site.

When he filled in the questionnaire he found he faced 21 Brexit-related issues, among them data transfers.

"We organise cycle tours, and may for instance be getting customer data from a German travel agency," he explains.

He now worries that he may need to sort out new contracts with all of his European customers. "My heart sank when I saw this - it's an insurmountable pile of bureaucracy for a small business."


Legal angle


It is all good business for lawyers. But Alex Brown, head of the technology practice at Simmons and Simmons, urges caution about just how serious the data transfer issue is: "If I was a business exporting this would be on my list to fix - but it wouldn't be near the top."

He doubts whether data regulators will be rushing to punish small businesses which fail to get the right contracts in place straight away.

But it is just one more worry for businesses grappling with Brexit uncertainty.

Make UK, the manufacturers' organisation, says the whole area is confusing for thousands of its members trading with the EU and is calling on the government to give clear guidance.

A DCMS spokesperson said it was in everyone's interests that the exchange of personal data between EU member states and the UK continued, and the government had set out ways in which businesses could comply with EU data protection laws.

Newsletter

Related Articles

0:00
0:00
Close
Middle East War Highlights Strategic Importance of Strong UK–Ireland Cooperation
Weak Growth Signals UK Economy Was Faltering Even Before Middle East Energy Shock
Marks & Spencer Tops UK Fashion Retail Rankings as Most Considered Brand
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Royal Navy to Acquire Twenty Uncrewed Surface Vessels for Autonomous Warfare Testing
Russia Summons British and French Envoys After Ukrainian Storm Shadow Strike on Strategic Facility
Starmer Confirms Britain Will Maintain Sanctions on Russia Despite U.S. Policy Shift
UK Moves to Refine AI Definition in Investment Security Reform
UK Economy Stalls in January as Growth Unexpectedly Falls to Zero
Asian Energy Security Tested as Strait of Hormuz Disruption Threatens Oil Supplies
Iran Sets Three Conditions for Ending Regional War as Diplomatic Efforts Intensify
Tesla Secures Approval to Supply Electricity Directly to Homes Across Britain
Prince William Delivers Tribute to Australia’s Naval Alliance Amid Renewed Royal Spotlight on the Country
UK Foreign Secretary Travels to Saudi Arabia to Reinforce Support for Regional Allies
Putin’s ‘Hidden Hand’ May Be Assisting Iran in Conflict With Trump, UK Defence Secretary Warns
UK Sets April Deadline for Tech Platforms to Strengthen Online Protections for Children
Elon Musk Moves Into Britain’s Energy Market as Tesla Wins Licence to Supply Power
UK Watchdog Warns Fuel Retailers Against Profiteering Amid Iran War Price Surge
Report Claims Iran Used UK Charity Network to Expand Influence
United States and United Kingdom Establish Joint Standards for Counter-Drone Technology
Iran May Be Laying Naval Mines in Strait of Hormuz, UK Warns Amid Escalating Gulf Tensions
US Deploys Bunker-Buster Bombs to UK Airbase as Iran Conflict Intensifies
British Troops in Iraq Intercept Iranian Drones Targeting Coalition Base
Release of Mandelson Files Raises Tensions as UK Seeks Stable Relations With Donald Trump
UK Documents Reveal Starmer Was Warned About Mandelson’s Epstein Links Before Ambassador Appointment
Nearly Five Hundred UK Mortgage Deals Withdrawn in Two Days as Market Volatility Forces Lenders to Reprice
Three Cargo Ships Hit Near Iran as Attacks Spread to Strategic Strait of Hormuz
Why British Police Repeatedly Declined to Investigate Jeffrey Epstein’s UK Links
UK Parliament Ends Hereditary Seats in House of Lords, Closing Chapter on Centuries of Aristocratic Lawmaking
EU and UK Urge Israel to Act Against Rising West Bank Settler Violence Amid Regional Tensions
US Senator John Kennedy Says Keir Starmer Should Not Be Trusted for Military Advice Amid Iran War Debate
UK High Court Rejects Attempt to Revive Terrorism Charge Against Kneecap Rapper
Revolut Secures Full UK Banking Licence After Multi-Year Regulatory Wait
Kentucky’s Bench Boost Powers Wildcats Past LSU in SEC Tournament Opener
British Couple Die After Being Pulled From Water at Australian Beach During Family Visit
Global Energy Agency Announces Record Release of 400 Million Barrels to Stabilize Oil Markets Amid Hormuz Disruption
British Airways Suspends UK Repatriation Flights as Middle East Travel Disruption Deepens
US Forces Prepare Ordnance at RAF Fairford as Strategic Bombers Deploy for Middle East Operations
Nigel Farage Faces Criticism After Saying Britain Should Stay Out of Iran War
Landmark UK Trial Begins Over Sony’s PlayStation Store Pricing
UK High Court Rejects Bid to Challenge Britain’s Chagos Islands Agreement With Mauritius
Finnish Duo Triumphs in England’s Annual Wife-Carrying Race, Winning a Barrel of Ale
How U.S. and UK National Security Strategies Are Reshaping the Global Business Landscape
Green Party Gains Momentum as Labour Shifts Toward the Political Centre
Royal Navy Destroyer HMS Dragon Sets Sail for Eastern Mediterranean as Regional Tensions Rise
UK Homebuilder Persimmon Warns Iran Conflict Could Dent Property Buyer Confidence
Roman Abramovich Signals Legal Fight if UK Seeks to Seize Chelsea Sale Funds
×