Tag Archives for " Brexit "

Data protection if there’s no Brexit deal

If the UK leaves the EU in March 2019 with no agreement in place regarding future arrangements for data protection, there would be no immediate change in the UK’s own data protection standards. This is because the Data Protection Act 2018 would remain in place and the EU Withdrawal Act would incorporate the GDPR into UK law to sit alongside it. Companies would continue to be able to send personal data from the UK to the EU.

However, the legal framework governing transfers of personal data from organisations (or subsidiaries) established in the EU to organisations established in the UK would change on exit. Companies would need to take action to ensure EU organisations were able to continue to send you personal data.

Source: Data protection if there’s no Brexit deal – GOV.UK

Brexit and data protection: Laying the odds

For those with responsibility for data protection compliance in the U.K. and abroad the question is a simple one: What will be the impact of Brexit on my organisation and what do we need to do about it? The answer largely depends on what kind of Brexit we will end up with.

Full article: Brexit and data protection: Laying the odds

Will the UK Meet the EU Adequacy Test?

Unless there is a political earthquake (some would say a miracle) Brexit will happen on 29 March 2019. Many fear a hard Brexit. Some are hoping for a hard Brexit. A majority appear to want a soft Brexit. And many others would strongly prefer that Brexit wasn’t happening at all.

Full article: Will the UK Meet the EU Adequacy Test?

Data Protection in the Event of a “No Deal Brexit”

As part of its preparations for a “no deal” scenario when the Article 50 negotiating period comes to an end on 29 March 2019, the Department for Digital, Culture, Media and Sport (“DDCMS”) has released guidance on “Data protection if there’s no Brexit deal”.

The UK will become a “third country” on its exit from the European Union, which means that unhindered cross-border transfers of data will no longer automatically be able to take place between the UK and the EU.

Source: Data Protection in the Event of a “No Deal Brexit”

Brexit’s data bogeyman

As the United Kingdom hurtles toward the EU exit door, both sides have yet to start discussing how to make sure that reams of digital information — everything from social media posts to companies’ customer details — can continue flowing when London finally leaves the 28-member bloc early next year. Without a new data deal, both British and European companies will find it hard to share even the most basic of information across the Channel — data that underpins trade reaching into the tens of billions of euros each year. Officials and legal experts reckon it will take 12 to 18 months, at best, to hammer out an agreement.

Source: Brexit’s data bogeyman – POLITICO

Data transfers to the UK post Brexit 

In a post-Brexit world where the UK is no longer part of the European Economic Area (“EEA”), the UK will be a ‘third country’ from the point of view of international transfers of personal data, and hence have to satisfy one of the grounds on which such transfers can be made in the GDPR. The standard adequacy approach is deemed insufficient by the government, not reflecting the ‘breadth and depth of the UK-EU relationship’ and also failing to enable effective co-operation to enforce data protection principles internationally.

Read full article: Data transfers to the UK post Brexit | Gowling WLG

Businesses urged to create Brexit contingency plans for data transfers

EU data protection law puts restrictions on the transfer of personal data outside of the European Economic Area (EEA). Businesses need to put in place contingency plans to address the possibility that the flow of personal data between the UK and 27 other EU countries will be disrupted from the date of Brexit.

Read article: Businesses urged to create Brexit contingency plans for data transfers

Facebook sued over Brexit campaign data breach

Campaign group Fair Vote U.K. announced Saturday that it is preparing a lawsuit against Facebook on behalf of users whose data was used by the tech giant without their consent during the Brexit referendum campaign. The suit follows the leak of an interim report on fake news from the culture, media and sport select committee that underlined the ease with which companies could harvest user data without consent.

Source: Facebook sued over Brexit campaign data breach – POLITICO

The Future of International Data Transfers

With the current focus on the coming into effect of the EU General Data Protection Regulation (GDPR), one could (almost) be forgiven for forgetting about the question of international data flows. However, given the political and legal developments currently affecting the future of international data transfers, that would be a very serious strategic mistake.

Read full article: The Future of International Data Transfers

UK urged to accept CJEU jurisdiction on data protection

The UK government should accept the jurisdiction of the EU’s highest court to rule on matters of data protection post-Brexit, a committee of MPs has urged.

Accepting the jurisdiction of the Court of Justice of the EU (CJEU) to shape data protection law in the UK could help the country retain an element of influence over how data protection law develops and is enforced in Europe post-Brexit, the Exiting the European Union (Brexit) Committee has suggested in a new report.

Source: Brexit: UK urged to accept CJEU jurisdiction on data protection

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