AWS has announced that they don’t expect the UK leaving the European Union (“Brexit”) to have any impact on their customers’ use of AWS. Customers will be able to transfer data into and out of AWS Regions throughout Europe (including into and out of the UK) just as they did before Brexit.
Transfers out of the EEA in a “no deal” Brexit
If the UK leaves the European Union without agreeing a Withdrawal Agreement, the UK will leave with “no deal” on Brexit. The UK will be outside of the European Economic Area (“EEA”) at the time of exit and customers transferring personal data out of the EEA (including to the AWS London Region and to all other Regions outside of the EEA) can rely on Standard Contractual Clauses for the transfer.
Standard Contractual Clauses are a part of every AWS services agreement and can be found in the AWS Data Processing Addendum.
You can read the European Data Protection Board’s note approving the use of Standard Contractual Clauses in a “no deal” Brexit here.
Transfers out of the UK in a “no deal” Brexit
In the event of a “no deal” Brexit, customers transferring personal data from the UK to AWS Regions in the EEA can rely on the UK government’s confirmation that all EEA countries are “adequate” for the purposes of personal data flows and that additional safeguards are not required.
The UK government has also confirmed that it recognises Standard Contractual Clauses as providing an appropriate safeguard for international transfers. Customers transferring personal data from the UK to Regions outside of the EEA can rely on the Standard Contractual Clauses in our AWS Data Processing Addendum.
You can read the UK government’s guidance on data flows after Brexit here.
Transfers out of the EEA or the UK in a “deal” Brexit
If the UK agrees a Withdrawal Agreement and leaves the European Union with a “deal” on Brexit, the UK will remain subject to European Union law during a transition period. Transfers of personal data between the EEA and the UK during that transition period will not qualify as international data transfers and will not require any additional safeguards.
Customers transferring personal data to Regions outside of the EEA or the UK can continue to rely on the Standard Contractual Clauses in the AWS Data Processing Addendum, just as they did before Brexit.
AWS will continue to monitor the situation around Brexit closely and update customers accordingly.
If you have any further questions about using AWS after Brexit, please contact AWS here.