Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019


Transfer of personal data in relation to employers insolvent in United Kingdom

90. The Act of 1984 is amended by the insertion of the following section after section 8:

“8A. (1) Where—

(a) an employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom, and

(b) the employees concerned are employed or habitually employed in the State,

the Minister may by regulations provide for the transfer of personal data to and from—

(i) a relevant officer, or

(ii) an actuary or a person performing a similar task,

to the extent that such personal data are necessary to carrying out the functions of a relevant officer, an actuary or a person performing a similar task, or otherwise for the carrying out of functions under this Act.

(2) In making regulations under subsection (1), the Minister shall have regard to the important public interest of—

(a) the protection of employees in the event of the insolvency of their employer,

(b) ensuring a minimum degree of protection, in particular in order to guarantee payment of employees’ outstanding claims, and

(c) the need for balanced economic and social development.”.