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Tag Archives for " Brexit "

EU-UK Brexit talks: Differences clear after first week – BBC News

The two sides are far apart on key issues as the UK team heads home

If the sensitive personal data of EU citizens, such as DNA or criminal records, is going to be shared with the UK for crime-fighting purposes, then the EU wants the European Court of Justice (CJEU) to be the ultimate arbiter of the rules.

The EU also wants the European Convention on Human Rights (ECHR) to apply.

The UK does not want the CJEUto be mentioned anywhere in any deal. It also says that committing to the ECHR in an international agreement ties the government’s hands at a time when it’s carrying out its own review into the operation of human rights law in the UK.

Source: EU-UK Brexit talks: Differences clear after first week – BBC News

On data protection, the UK says it will go it alone. It probably won’t.

The Prime Minister listed data protection as an area that the UK could legislate on following Brexit – but diverging from European Union rules on privacy would only complicate things.

Currently, the UK’s data privacy legislation adheres closely to the General Data Protection Regulation (GDPR), the rules that were rolled out across all European Union member states in May 2018.

Not only would deciding to scrap GDPR go against what people are used to, it would also make it difficult for UK businesses to offer their services to Europe in future.

Source: On data protection, the UK says it will go it alone. It probably won’t. | ZDNet

GDPR compliance is the key to a smooth transition through Brexit

Brexit’s effect on data laws demands that data management remains a top business priority for UK organisations.

During the 11 month transition period, EU law will continue to apply to the UK. GDPR compliance will remain mandatory, with failure to comply continuing to result in fines. The UK Data Protection Act 2018 will sit alongside GDPR in the UK.

The UK also plans to seek an adequacy agreement once it leaves the EU, which would allow for the continued free flow of data between the two areas, although it’s unclear how long this negotiation may take, or even if the EU would grant the status.

Source: GDPR compliance is the key to a smooth transition through Brexit | IT PRO

The Future of UK Data Protection

As with anything Brexit-related, the UK government is facing a dilemma in relation to data protection law.

Shall we follow the direction of travel of the past 25 years and opt for the continuity and certainty provided by the GDPR or shall we use the departure from the EU to make radical changes to the regulation of data uses and privacy?

Read full article: The Future of UK Data Protection

Potential Brexit deal reached; data transfers remain, for now

More than three years after the U.K. voted in a referendum to leave the EU, a proposed Brexit deal is on the table just weeks ahead of an Oct. 31 deadline.

European Commission President Jean-Claude Juncker confirmed a deal had been reached. U.K. Parliament will vote on it this Saturday, Oct. 19.

The draft text of the deal released Thursday includes a section near the top on data protection, stating, “In view of the importance of data flows and exchanges across the future relationship, the Parties are committed to ensuring a high level of personal data protection to facilitate such flows between them.”

Source: Potential Brexit deal reached; data transfers remain, for now

The role of the UK representative post-Brexit

If the United Kingdom leaves the European Union without a deal Nov. 1, it will automatically cease to be a member of the EU. U.K.-based companies will no longer be regulated under the EU General Data Protection Regulation.

The two most significant effects of this are that data transfers between the U.K. and the EU will be affected, and companies may need to appoint an extra EU representative.

Full article: The role of the UK representative post-Brexit

Businesses race to keep data flowing under a no-deal Brexit

Brexit might mean the United Kingdom is no longer a member of the European Union, but that does not mean it will escape the long arm of the bloc’s data protection.

Alternative arrangements include implementing binding corporate rules or signing contracts that include EU-approved clauses. The latter option of implementing standard contractual clauses is for now the simplest way to go, especially for most small and medium-sized enterprises. However, for large organisations, they can be costly to implement.

Full article: Businesses race to keep data flowing under a no-deal Brexit, Europe News & Top Stories – The Straits Times

EDPS issues note on data transfers following Brexit

On 16 July 2019, the European Data Protection Supervisor (EDPS) issued an information note on international data transfers after Brexit. 

The Note highlights that if the EU and the UK sign the withdrawal agreement before 1 November 2019, the data flows to the UK will not be immediately affected.  EU data protection laws (including the GDPR, the Law Enforcement Directive (EU)2016/680 and the ePrivacy Directive) will apply until 31 December 2020, with a maximum extension until 31 December 2022. 

However, in the case of a “no-deal” Brexit, EU data protection laws would not apply in the UK and starting from 1 November 2019 personal data transfers from EU institutions to companies in the UK must comply with the international data transfer requirements under Chapter V of GDPR.

Read the Note.

Data transfers as the Brexit clock counts down

Many business owners have spoken of their concern for the impact a “no deal” Brexit could have on personal data transfers between the EU and the UK.

However, some experts say that any adverse fallouts can be easily managed by the use of model clauses for data protection agreements.

Full article: Data transfers as the Brexit clock counts down

The future of the ePrivacy Regulation and the impact of Brexit on its application in UK

The European Parliament set out its position on the Regulation in October 2017. However, the Council of the EU, which is made up of ministers of the Member States, has not yet come to a position on the legislation.

The Regulation cannot be adopted until the Council of the EU has come to a position and the Council of the EU and the European Parliament have agreed on a text. It is likely that any adoption of the Regulation will not take place before 2020.

Full article: The future of the ePrivacy Regulation and the impact of Brexit on its application in UK – Privacy, Security and Information Law Fieldfisher

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