Working with influencers after Brexit
Culture

Working with EU influencers post-Brexit: the implications to prepare for

23 October 2020

For brands using influencers to raise awareness and launch campaigns in Europe, Britain’s exit from the European Union presents complications – particularly if the UK leaves with no deal. Understanding the implications of this now will allow time to produce strategy which responds to imminent possible changes and prepare for a worst case scenario in which working with influencers in EU countries requires a more admin-heavy process.

The major issue that will emerge post-Brexit is related to GDPR and the transfer of personal data from an EU company to a UK one, particularly in a no-deal scenario. This is most likely to impact companies that have offices across Europe and the UK in which staff collaborate on region-wide campaigns. British colleagues will need to draw up new paperwork explaining how they intend to use and store data before EU-based peers can share European influencers’ personal information. This will also need to be stated in influencer contracts. In short, brands will have to confirm they intend to adhere to GDPR requirements which will remain compulsory across EU member states. This is due to the fact there may not be agreed arrangements on data protection ahead of Britain crashing out of the Union.

Patrick Tolhurst, a partner at Marlborough House Partners LLP, advises: “Organisations should prepare appropriate contracts to ensure any transfer of European Union citizens’ personal data to the UK is compliant with GDPR applicable across the EU.” UK to EU transfers of personal data will not require new contracts or additional documentation at this time. Meanwhile, if the UK leaves with a deal, Tolhurst expects very little will change from a legal perspective until the conditions of this are implemented.

Along with the issue of data protection, no deal will impact freedom of movement and taxation of services influencers are providing.Therefore, anyone planning press trips for this winter which involve European influencers visiting the UK should be prepared for the organisation process in terms of travel to potentially be more complicated than it is now. Unfortunately, details and the full extent of the impact no-deal will have on travel and tax on this is currently unknown.

For more information on how your brand should deal with EU influencer data protection, travel and taxation, Tolhurst advises speaking to your company’s lawyers asap to ensure added complications in any plans involving EU influencers can be minimised. For details on post-Brexit GDPR, see the official guidelines from the Information Commissioner’s Office here.