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Brexit – A Statement

We have started receiving enquires regarding our plans for Brexit. This blog post was published 26th September 2020, and was correct at time of hitting publish. I doubt it will stay valid for long. Email me direct if you have questions! ~Phil phil@phil-taylor.com

I’ll try to stay away from the politics, personally I believe Brexit is a right shot to the head, suicide, and … well… ahem… back to the point….

In short: mySites.guru has been in planning for a hard/no-deal/deal Brexit now for over a year. As a reputable company, we will do all we can to survive, thrive, and adapt as the UK leaves the EU, while continuing to comply with all domestic and EU laws.

At the end of the day, Brexit will not change the mySites.guru service, it will just create more paperwork and compliance issues for us to overcome – such is the fun of international cross-border business 🙂

The mySites.guru service is secure and will continue to be here for many more years to come. Despite Brexit, COVID-19 and other external influences. We will continue to comply with all domestic and EU Laws.

Our current situation

Our situation is a little bit more complex than normal.

mySites.guru is owned by Blue Flame Digital Solutions Limited. A UK Limited company owned, managed and operated from Jersey, Channel Islands – A Crown Dependancy.

Blue Flame Digital Solutions Limited, as a non-domiciled company, based in Jersey, Channel Islands, is already outside of the EU for certain fiscal policies, notably the EU VAT MOSS (NON-UNION) scheme.

Brexit will have its challenges, however we see no reason why our service cannot continue, thrive, and be here for the long run, a large percentage of our active subscribers are EU Companies.

VAT

We will be re-registering for EU VAT MOSS (NON-UNION) in a different EU Member State (Probably Ireland), meaning that if you are a business registered for VAT in the EU (or UK) then you will continue to be not charged VAT for your subscriptions.

It really will be business as usual around here – you will not need to make any changes!

Subscription Price Will Not Increase!

There will be no increase in the sterling price of subscriptions as a result of brexit

We can’t say what the exchange rate between the pound and the EURO will be, we have no control over that 🙂

Brexit is not an excuse to cancel your subscription

Yes, someone has already used that as an excuse. Really, it’s not an excuse you can use. It will be business as normal.

GDPR/DSVO

The GDPR requires that all data collected on citizens must be either stored in the EU, so it is subject to European privacy laws, or within a jurisdiction that has similar levels of protection.

The UK has “similar levels of protection” as it (once was) part of the EU.

The GDPR will be brought into UK law as the ‘UK GDPR’, but there may be further developments about how we deal with particular issues such as UK-EU transfers. The GDPR will be retained in domestic law at the end of the transition period, but the UK will have the independence to keep the framework under review

The GDPR will still apply to UK companies that are selling goods and services in the EU following Brexit, just like it does for say, a USA company right now.

At all times we aim to comply with all domestic and EU law regarding Personal Information and data privacy.

BECAUSE THAT IS THE LAW!

To be clear though: We hold very very little information on our customers, the minimum only to provide the service we provide, billing and legal requirements only. We do not sell and will not share this data with anyone other than other data processors that exceed the GDPR requirements, in line with the provision of our services (E.g MailChimp to send you alert emails, needs your email address, Stripe needs your payment card data etc)

The GDPR primarily applies to controllers and processors (with some exceptions) in the European Economic Area (EEA). The UK has left the EU and is now in a transition period until 31 December 2020. Once the transition period ends the UK will become a third country. Third countries are states that fall outside of the GDPR zone (EU member states plus Norway, Liechtenstein and Iceland). The GDPR restricts transfers of personal data to third countries, unless personal data is protected in another way or an exception applies.

The European Commission has the power to determine whether a third country has an adequate level of data protection. The effect of an adequacy decision is that personal data can be sent from an EEA state to a third country without any further safeguard being necessary.

The UK Government are currently seeking adequacy decisions from the European Commission under both the General Data Protection Regulation and Law Enforcement Directive which, if secured by the end of the transition period, will allow for the free flow of personal data to the UK from the EU to continue uninterrupted.

The UK Government has stated that, at the end of the transition period, transfers of data from the UK to the EEA will be permitted. It says it will keep this under review. The UK Government intends to recognise EU Commission adequacy decisions made before the end of the transition period. This will allow restricted transfers to continue to be made from the UK to most organisations, countries, territories or sectors covered by an EU adequacy decision.

Clear as mud so far? yeah thought so – the fact is, until the EU-UK Deal is made no one really knows what the outcome will be.

Cool, What Personal Information do you have on me?

Very little. Seriously. The GDPR was not designed for a small time service like mySites.guru, but for those huge companies that regularly abuse your personal data, trust fund companies, mailing list providers, direct marketing companies…

However, access to your data is one of your rights under the GDPR.

We have fully automated the process. To get a full export of Personal Information we hold on you, that is subject to the GDPR, you can login to your mySites.guru account, and navigate to the GDPR Page (look in the left menu) and then in section 5. Subject Access Requests you will find an EXPORT button. This will download an export JSON of all the PII we hold on your account (and a few other details we thought you would like (Eg. Your sites domain names are not Personal Information but we list them for you to export to another service should you wish, we also export some dates alongside the IP addresses for example (IP addresses ARE personal data, dates are not).

Server Location

Some EU Customers have started asking about the location of our servers. Well, they are currently in London, UK – and nothing (yet) in a negotiated or hard or no-deal Brexit will change the legality of that.

However, we are looking at the possibility of moving our mySites.guru servers to the EU (from UK), with the intention of keeping the data within the EU for ALL customers (as the EU is the most restrictive in data privacy) by the end of the transition period (December 2020) nearer the time, depending on the developments in agreements and talks between the UK and EU.

Conclusion

For now, just know that we are fully aware of our responsibilities and are keeping a close eye on the legislation changes as the UK approaches the end of the transition period.

Our GDPR Policy is published in your account that page, unlike this blog post, that page in your account will be the up to date information we provide you with in line with the law.

If you have any questions then please get in touch – my personal email is phil@phil-taylor.com and I’m available anytime!


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