Brexit update

The UK has left the European Union, but we understand that projects may still have questions about project delivery, data transfers and the future of the Interreg FCE programme.

We are still operating as usual and confirm that programme funding is guaranteed up until the programme completion on 31 December 2023.

In the Brexit communication of December 2020, we outlined the latest guidance from Government and published a dedicated FAQ on our website.

In that December communication we also signposted the latest advice from the UK Government and the European Commission on data transfers. As of 31 December 2020, further guidance has been made available and is provided below.

Guidance on data transfers now that the UK has left the EU

The EU-UK Trade and Cooperation Agreement contains a bridging mechanism that allows the continued free flow of personal data from the EU/EEA to the UK after the transition period and until adequacy decisions come into effect. This interim solution enables transfers to the UK to be considered as if they were still transfers within the EU, so no standard contractual clauses (or supplementary measures) for those transfers are required at present. This arrangement will remain in place for up to six months or until future adequacy decisions come into effect.

We are still working very much on the basis that alternative transfer mechanisms, such as standard contractual clauses, may still be needed in case no adequacy decision is reached within this timescale, however we intend to pause the work on these for the time being, in light of the above agreement. This pause would mean that we can await the publication of the EU’s new list of Standard Contractual Clauses and use those for any future variations that may be needed to the Funding Agreement.

If you have any questions in the meantime, please speak to your lead project officer.

Useful links (EN)

• Brexit new rules apply. GOV.UK. Businesses can use the Brexit checker to get a personalised list of actions.
• Data protection as the end of the transition period: ICO. The ICO has the latest guidance and advice on how to keep data flowing.
• Relations with the UK: European Commission. This European Commission page provides access to the EU-UK Trade and Cooperation Agreement and information on the consequences for public administrations and businesses of the EU.

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