Consultation February 2020

Following the consultation in November, LINX proposes to go ahead with incorporating “Standard Contractual Clauses” for data protection in the MoU, as advised by the UK Information Commissioner. “No Deal” hasn’t happened, and the “deal” (more properly known as the “Withdrawal Agreement”) provides for “transition arrangements” that cover us through to the end of 2020. However, the issue remains unresolved for what happens after the end of transition, from 31st December 2020.

Incorporating these Standard Contractual Clauses in the MoU will mean LINX members in the EEA can continue to lawful transfer personal data on employees and equivalently situated persons to LINX, in the course of ordinary business activities.

We have published a more detailed explanation, containing an FAQ, detailed background information, and details on changes made to the proposal following member consultation

Next steps

A resolution to give effect to this proposal will be brought forward at the EGM at LINX 108.

If any LINX member wishes to comment on these changes, please contact the LINX member relations team.

November 2019

Data Protection in the MoU after a No Deal Brexit

The UK Information Commissioner (ICO) advises that UK companies doing business in the European Economic Area should incorporate ‘Standard Contractual Clauses’ in their terms of business, so that in the event of a “No Deal Brexit” their customers in the EEA are lawfully able to transfer data to the UK. The ICO has published recommended ‘Standard Contractual Clauses’.

LINX that if a No Deal Brexit remains a possibility by LINX108, these ‘Standard Contractual Clauses’ will be incorporated as a Schedule to the MoU.

Relevant links:

Proposed Standard Contractual Clauses for incorporation as a Schedule to the MoU
Matrix of data subjects, data types and purposes, used to construct the Standard Contractual Clauses above.

Next steps

These changes were presented in outline at LINX107. In the event a “No Deal Brexit” remains a possibility by the time of LINX108, it is LINX’s intention that they will be presented as formal resolutions at a General Meeting held during LINX108. Member comments are invited on whether members support this proposal, and on the selection of data subjects, data types and purposes. The Board will consider amending the proposal taking into account any comments received.

If any LINX member wishes to comment on these changes, please contact the LINX member relations team.