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Tag Archives for " Brexit "

EU Commission fears UK data protection regime ‘may change in the future’

The European Commission has concerns that certain aspects of the UK’s data protection regime may change in the future and negatively impact the safety of EU personal data when transferred to the country.

The EU executive is conducting an assessment of the UK’s data protection landscape as part of a so-called ‘adequacy-decision,’ in order to determine if EU data can safely be transferred to the UK after Brexit.

“While the UK applies EU data protection rules during the transition period, certain aspects of its system may change in the future, such as rules on international transfers,” a Commission source told EURACTIV on Tuesday (22 September).

Source: Commission fears UK data protection regime ‘may change in the future’ – EURACTIV.com

EDPB Adopts Information Note on BCRs in Preparation for Brexit

On July 22, 2020, the European Data Protection Board (the “EDPB”) adopted an information note (the “Note”) to assist organizations relying on Binding Corporate Rules (“BCRs”) for international personal data transfers, as well as supervisory authorities, in preparing for the end of the Brexit implementation period on December 31, 2020.

The Note is provided specifically for those groups of undertakings and enterprises that have the UK Information Commissioner’s Office (“ICO”) as the competent supervisory authority for their BCRs.

Source: EDPB Adopts Information Note on BCRs in Preparation for Brexit

EDPB clarifies Brexit obligations for holders of Binding Corporate Rules which have the UK ICO as their lead authority

On July 22, 2020, the European Data Protection Board (EDPB) released an information note on Binding Corporate Rules (BCRs), which provides guidance for groups of undertakings/enterprises which have the UK Information Commissioner’s Office (ICO) as their competent supervisory authority.

As a consequence of Brexit, BCR holders having the ICO as their BCR Lead Supervisory Authority (SA) need to identify a new BCR Lead SA in the EEA  and must amend their BCRs before the end of the Brexit transition period.

Source: EDPB clarifies Brexit obligations for holders of Binding Corporate Rules which have the UK ICO as their lead authority

EC issues data advice as Brexit approaches

The European Commission (EC) is urging businesses and public bodies to take all necessary steps to ensure compliance of any personal data transfers between the UK European Union after the Brexit transition ends on 31 December.

“Compliance can be achieved by having appropriate safeguards in place as foreseen by the General Data Protection Regulation [GDPR], including binding corporate rules or through specific derogations,” the EC said in a document to help companies and others to prepare for the changes after the transition period.

Source: EC issues data advice as Brexit approaches

Tiktok to transfer data control to UK arm ahead of Brexit

Tiktok has said it will be moving ownership of its users’ data in Europe to local subsidiaries, in a boost to its British arm as it prepares for Brexit.

The social media app’s US parent Tiktok Inc will no longer manage and safeguard data for users based in the UK and the European Union. Instead, from 29 July, Tiktok Ireland will control the data of all users in the European Economic Area and Switzerland, while Tiktok UK will do the same for Britons.

Source: Tiktok to transfer data control to UK arm ahead of Brexit – CityAM : CityAM

EU fires warning shot to UK over post-Brexit US data-sharing

Safeguards outlined in a preliminary data-sharing agreement struck between the UK and US last year may not be sufficient, the EU’s data protection watchdog has declared.

The UK entered into an agreement with the US in October 2019 to reduce the barriers to data-sharing to better equip law enforcement agencies to fight crime. However, terms of this agreement may undermine the UK’s hopes of achieving a data adequacy decision with the EU once the Brexit transition period ends on 31 December.

The European Data Protection Board (EDPB), which oversees the application of GDPR consistently across EU member states, has cast doubt over whether safeguards outlined in the agreement are compatible with existing data protection laws.  Without an adequacy decision, free data flows between the EU and the UK would be disrupted, with data unable to flow from European countries to the UK.

Source: EU fires warning shot to UK over post-Brexit US data-sharing | IT PRO

UK’s post-Brexit data deals ‘will go further than EU ever could’

The UK government has outlined an ambitious plan to reach a set of international agreements on data that it claims is now possible due to leaving the European Union.

With Brexit on the horizon, the government has set out a four-pillared strategy for global digital trade, with the cornerstone a set of free trade agreements that allow the freeflow of data and data localisation between the UK and Asia-Pacific countries.

However, these ambitions have been outlined despite no guarantees the UK will continue to enjoy the freeflow of data with EU nations, as it currently does, with the prospect of a no-deal Brexit still very much in play.

Source: UK’s post-Brexit data deals ‘will go further than EU ever could’ | IT PRO

UK is lowering privacy standards, says EU officials

In his remarks following Round 3 of negotiations for a new partnership between the European Union and the United Kingdom Michel Barnier has pointed out that United Kingdom insists on lowering current standards and deviating from agreed mechanisms of data protection – “to the point that it is even asking the Union to ignore its own law and the jurisprudence of the European Court of Justice on passenger data (“PNR rules”)”.

Michel Barnier also notet that “The UK refuses to commit, in an agreement with us, to guarantees protecting fundamental rights and individual freedoms resulting from the European Convention on Human Rights, as agreed in the Political Declaration”.

Source: Remarks by Michel Barnier following Round 3 of negotiations for a new partnership between the European Union and the United Kingdom

‘Serious risk’ EU will fail to protect UK citizens, says UK gov

The British government has said there is “a serious risk” that the European Union will fail to meet its duties to protect the rights of UK nationals living in the bloc, in the latest sign of tensions over Brexit.

In a letter to the European commission, Michael Gove said British residents living in the EU had raised concerns, while the coronavirus pandemic had diverted the attention of many governments from implementing the Brexit withdrawal agreement, which is intended to protect the rights of an estimated 1.2 million British nationals in the EU and 3.5 million Europeans in the UK.

Source: Brexit: ‘serious risk’ EU will fail to protect UK citizens, says Gove | Brexit | The Guardian

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

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