Categories: Insights, Practice

Tag: Brexit, data protection


27 Jan 2021

Brexit: effects on workers’ mobility and personal data transfers

The exit of the United Kingdom from the European Union  (“Brexit“) will have an impact on international mobility for work purposes and personal data transfer to the United Kingdom.

  • International mobility for work purposes

The United Kingdom allows EU citizens already present in the UK for at least five years on 31 December 2020, to request confirmation of their right of residence (for work, study, etc.) beyond that date. The request can be made online by 30 June 2021 by filling the EU  Settlement Scheme  made available on the British Government website, obtaining the settled status.

If the permanence period is less than five years, it will be possible to apply to remain in the United Kingdom to complete it by obtaining the pre-settled status through the above form. Unlike the settled status, pre-settled status is lost when a person is absent from the country for two or more years.

This procedure will guarantee the same rights that an EU citizen residing in the UK had before Brexit. They will be able to stay in the UK indefinitely, work, use the health service, study, and have access to public funds such as social benefits and pensions.

For new entrants from 1 January 2021, however, it will be necessary to apply for a visa under the new points-based immigration system.

Italy has a procedure for confirming the rights acquired by British citizens present in the country on 31 December 2020. They can request the “residence document in electronic format” at the local Questura (police station). The same procedures as for non-EU citizens will be applied to those who will enter the country after 1 January 2021.

Personal data protection

For the transfer of personal data to the United Kingdom, the Italian Data Protection Authority (the “Guarantor”) clarifies that it is necessary to refer to the “Trade and Cooperation Agreement” (“Agreement”) signed on 30 December 2020 by the European Union and the United Kingdom (“Trade And Cooperation Agreement Between The European Union And The European Atomic Energy Community, Of The One Part, And The United Kingdom Of Great Britain And Northern Ireland, Of The Other Part”).

Under the Agreement, the Regulation (EU) 2016/679 on the protection of personal data (“GDPR”) will continue to apply in the United Kingdom for a maximum of six months, i.e. until 30 June 2021. According to the Guarantor, “during this period, any communication of personal data to the UK may take place under the same rules that applied on 31 December 2020 and will not be considered a transfer of data to a third-party country.”

During this transitional period, the United Kingdom and the European Union have undertaken to adopt mutual adequacy decisions under this Agreement. In the absence of such decisions, the provisions of Chapter V of the GDPR governing the transfer of data from the EU to third-party countries will apply. These provisions require the existence of adequate safeguards, such as binding corporate rules, standard contractual clauses, and codes of conduct (see Art. 46 of GDPR). This is subject to exceptions, such as data subject consent or a transfer necessary for contract purposes or important reasons of public interest (Art. 49 of GDPR).

From 1 January 2021, Data Controllers and Processors based in the UK and who are subject to GDPR because they process data for offering goods and services or monitoring the behaviour of data subjects within the EU (see Art. 3, paragraph 2, GDPR), shall designate a Representative in the European Economic Area under Article 27 of GDPR.

Other insights related:

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…