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Professional Indemnity Insurance
In accordance with the disclosure requirements of the European Framework Services Directive 2006, and as implemented by local law, Gowling WLG (UK) LLP and its affiliates have the benefit of professional indemnity insurance in excess of the minimum level required by the Solicitors Regulation Authority of England and Wales and, if any, by the bar authority, or equivalent, in every other jurisdiction in which Gowling WLG (UK) LLP and any of its affiliates practices.
Gowling WLG (UK) LLP maintains professional indemnity insurance cover in accordance with the Solicitors' Indemnity Insurance Rules 2013, as set out by the Solicitors Regulation Authority. Minimum mandatory cover is provided by a consortium of Underwriters at Lloyd's arranged by QBE Insurance (Europe) Limited. Its professional indemnity insurance covers appropriate territories.
Brexit and Data Protection - EEA Data Transfers
Until now, personal information has been able to flow freely between organisations in the UK and EEA without any specific measures.
In the absence of an agreement between the EU and the UK once the transitional period has ended on 31 December 2020, the UK will become a third country. If the UK leaves the EU without a withdrawal agreement that specifically provides for the continued flow of personal data, a two-way free flow of personal information will no longer apply and appropriate safeguards will need to be put in place to cover these transfers.
What are the proposed safeguards?
As a global law firm we have a data sharing protocol in place which permits us to transfer data between our offices. In general terms, if you are based in France or Germany, you are likely to deal directly with our Paris or Germany offices and share data with that office. Any subsequent transfer of that data to our Birmingham or London offices is covered by our data sharing protocol and no further action is required to safeguard that data.
If you are an EU based client and are dealing directly with our offices in London or Birmingham, we think it is likely you will be sharing your data either pursuant to a contract (because we need the data in order to provide you with legal services) or because it is for the establishment, exercise or defence of legal claims. There is an exemption in the GDPR Article 49 which provides derogations for specific situations. In the absence of an adequacy decision or of appropriate safeguards, transfers of personal data to a third country can take place in these circumstances and no further steps or safeguards are required.
However, if your instructions involve data that does not fall within these circumstances, we may need to take steps to put alternative safeguards in place. The EU Standard Contractual Clauses (SCCs) for the transfer of personal data from the Community to third countries (controller to controller transfers) are appropriate safeguards because we are both separate controllers of the data you provide to us.
You can find the SCCs here.
Should you have any queries, please contact firstname.lastname@example.org