1. Scope

The UK is currently due to leave the European single market (termed Brexit) after the transition period on 31st December 2020. In the unlikely event that the actual date of departure changes, the contents of this policy will remain.
The exact agreements that will be in place at time of departure are currently unknown. However, a “No Deal” outcome is a likely scenario. In this scenario the UK will sever all ties with the EU with immediate effect, allowing no transition period and no guarantees on citizens' rights of residence. This has the potential to cause significant short-term disruption to certain businesses in terms of; customs, taxes, import prices, finance, operations, employees, products, regulations and supply chain. All future trade from the time of leaving would be on World Trade Organisation (WTO) terms and have implications on the existing supply of all imported goods and services.
This policy covers the known and unknown, but likely outcomes and the steps Agile Solutions (GB) Ltd are taking to ensure continued service to its clients.

2. Context

Although the impacts of Brexit may be far reaching there are three main areas that are key to Agile Solutions (GB) Ltd being able to maintain service levels:

We employ a small number of European Nationals; which equates to less than 6% of our total employees. From the information released thus far, we expect all of these employees to be able to remain in our employ. We are working with these individuals to secure pre-settled or settled status to ensure continuity of employment and customer service. However, due to the low volume of employees this affects, we are confident irrespective of requirements that we will have no issues maintaining service to our clients.
We also intend to make full use of all opportunities to continue to source international talent going forward and in line with our strategy once the immediate changes are fully understood.

From our record of processing activities carried out for GDPR compliance, it has been identified that we have a small number of data storage locations that are within the EU but outside of the UK. The data contained in these applications is entirely internal and will have no impact on our ability to provide continued or new services to our clients.

We have been in conversation with those of our suppliers that utilize European locations for their cloud environments, for either Business-As-Usual or Disaster Recovery purposes. However, these applications are solely for internal purposes and are not utilized in any part of the client delivery lifecycle and no client data is held on them. Therefore, this has no impact on our ability to provide services to our clients.

3. Ability to Operate Post Brexit

Given the nature of our Business (consulting services) our main area of risk with reference to Brexit is the legal right for our non-UK nationals to remain and work within Great Britain. This risk effects a very small percentage (under 6%) of our employees and will require them to use the EU Settlement Scheme (EUSS) to register for pre-settled or settled status, which would allow them to continue living and working in the UK.
We are GDPR compliant and are fully aware of our data flows and storage locations. The steps put in place to ensure compliance also give us the agility to be able to continue to trade irrespective of “A Deal” or “No Deal” outcome.
We have conducted a review of our current clients and we are confident there will be no negative effects on our ability to continue to provide services to them in terms of our commercial relationship (contracts, billing, etc).
For those clients of our hosted data services, details of the hosting arrangement is contained within the statement of work and terms and conditions that were entered into remain unchanged.
We are reviewing new proposals outside of the UK on a case by case basis. Proposals inside the UK are unaffected.
If you have any concerns or queries regarding specifics on your contract with us in relation to Brexit please contact us.

Potential Unconfirmed Threats and Mitigation Activities

Security Clearance – Our ability to process Security Clearance could be slowed down due to potential loss of access to EU criminal records databases on the occasions where this is required. This could result in delay to obtaining DBS Certificate, which is the 1st stage of the process. For clients that require security clearance as part of their onboarding process, we already have sufficient numbers with current clearance to ensure no loss of service.

Travel Issues – We have also considered travel issues for consultants during and after a no deal Brexit. There are multiple mitigation options available, i.e. remote access to client site or Consultants limiting their travel by staying in hotels close to client sites. We see this as a low risk item.

4. Responsibilities

The Data Privacy and Compliance Advisor is responsible for ensuring this policy is adhered to and that this policy is reviewed and updated as new developments unfold.

5. Conclusion

We hope that this statement answers the key concerns that you may have in relation to our ability to provide our services during this period of uncertainty. If you have additional queries or would like clarification, please do not hesitate to contact us.

Updating this Policy

We may update the Policy at any time with latest developments relating to the UK's withdrawal from the EU and the effect this will have on Agile Solutions (GB) Ltd.

This policy was last updated on 23 September 2020