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Tag Archives for " Brexit "

EU Set to Publish UK Adequacy Decision

In a draft adequacy decision the European Commission is set to allow the continued free flow of data between the EU and UK, after confirming that the UK offers an adequate level of protection for personal data, pursuant to Article 45 of the General Data Protection Regulation (GDPR). The draft decision can be expected this week.

The decision, once adopted, will replace the current interim solution, agreed under the EU-UK Trade and Cooperation Agreement, which allows for companies and organisations to transfer personal data from the EU to the UK up until 30 June 2021.

Source: Brexit Updated: EU Set to Publish UK Adequacy Decision – Lexology

UK quietly shifts away from promise of ‘deep’ foreign and security links with EU

Plans for the UK to re-establish formal foreign and security policy links with the European Union, frozen during negotiations over a trade deal, may never be revived, as UK foreign policy focuses on bilateral links in Europe and developing new alliances in the Indo-Pacific and Middle East.

The freeze marks a little-discussed reversal of thinking from Theresa May’s era, when the political declaration at the time of Britain’s withdrawal spoke about negotiating deep cooperation between the UK and EU.

Full article: UK quietly shifts away from promise of ‘deep’ foreign and security links with EU | World news | The Guardian

Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy

On December 24th, with a year-end deadline and the holidays fast approaching, European Commission and United Kingdom officials announced they reached a deal on the EU-UK Trade and Cooperation Agreement.

Once formally adopted by the European Union institutions, the Agreement will govern the relationship between the EU and UK beginning on January 1, 2021, following the end of the Brexit transition period.

Parties agreed to allow for the continued free flow of personal data for up to six months to allow time for the EU and UK to adopt mutual “adequacy decisions”. Absent these adequacy decisions organizations would need to consider implementing additional safeguards, such as standard contractual clauses, to transfer personal data between the EU and UK.

Source: Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy

UK ICO Publishes New Data Sharing Code

On December 17, 2020, the UK Information Commissioner’s Office (ICO) published its Data Sharing Code of Practice following a public consultation which commenced in 2019.

The Code focuses mainly on data sharing among data controllers who are subject to the GDPR and the UK Data Protection Act 2018. Due to the detailed way in which the Code covers data sharing in the context of the GDPR, it will also be of wider interest to data controllers in the EU and beyond – even after the end of the Brexit transition period.

Source: UK ICO Publishes New Data Sharing Code | Alston & Bird Privacy Blog

European Union Implements Changes to Export Control Rules

The EU has updated its export control rules for dual-use items to (1) take account of Brexit, (2) ensure consistency with recent developments in international non-proliferation regimes and export control arrangements, and (3) address cyber-surveillance and other security threats stemming from new technologies, reinforce cooperation among competent EU authorities, and impose enhanced compliance obligations (including a requirement to adopt internal compliance programs) on businesses.

These updates, which are addressed in turn, will have significant implications for businesses dealing in dual-use items.

The EU Dual-Use Regulation regulates exports outside the EU, transfers inside the EU, transit through the EU and the brokering of certain sensitive goods, services, software and technology that are considered “dual-use” both for military and civil applications. 

Full article: European Union Implements Changes to Export Control Rules

EU, UK mulling interim data flows solution post-Brexit

With time running out for the EU to grant the U.K.’s data protection regime a stamp of approval before the Brexit transition period ends, officials are considering options to keep personal data flowing across the Channel, according to two individuals familiar with the talks.

The officials said that any interim solution is tied up in the wider trade negotiations, which both sides agree are currently stuck. That means that in the event of a no deal, companies would have to use alternative data transfer mechanisms to move data from the EU to the U.K., such as standard contractual clauses — a situation which could cost the U.K. economy as much as £1.6 billion.

Source: EU, UK mulling interim data flows solution post-Brexit

‘Dirty methods’ in Brexit vote cited in push for new laws on Europe’s elections

The “dirty methods” of the Brexit referendum have been cited as a reason for new EU laws aimed at tackling disinformation and forcing online platforms including Facebook to publicly disclose the identity of people and entities funding political adverts.

The proposals would force on-line platforms to take greater responsibility for what they publish and ensure that consumers know why they are being targeted and by whom. The commission will also look at further restricting “micro-targeting and psychological profiling in the political context” through new regulatory codes and professional standards.

Source: ‘Dirty methods’ in Brexit vote cited in push for new laws on Europe’s elections | European Union | The Guardian

UK businesses face aggregate costs of up to 1.6 billion if no adequacy decision post-Brexit transition period, report finds

The cost to UK businesses of not receiving an adequacy decision from the European Commission could total between £1 billion and £1.6 billion, according to a new report by think tank New Economics Foundation and UCL European Institute.

The report, compiled from interviews with 60 EU and UK legal professionals, data protection officers, business representatives and academics, estimates average costs for impacted businesses could reach £3,000 for a micro business, £10,000 for a small business, £19,555 for a medium business and £162,790 for a large business.

Source: UK businesses face aggregate costs of up to 1.6 billion if no adequacy decision post-Brexit transition period, report finds

UK government under pressure to prove data adequacy to EU

The UK government is coming under increasing pressure to convince Brussels regulators that the country’s data protection landscape is fit for EU personal data, amid wider concerns that UK surveillance practices compromise the security of EU standards.

On 13 October the UK’s upper chamber, the House of Lords, published a report on the future relationship between the UK and the EU in the business world, highlighting their worry that “there is a possibility that the Commission may not grant the UK a data adequacy decision,” for data transfers from the bloc after the Brexit transition period concludes at the end of the year.

“We call on the Government to push for the assessment to be concluded as soon as possible, to give businesses in the UK and EU legal certainty and time to prepare,” the Lords’ report added.

Source: UK government under pressure to prove data adequacy to EU – EURACTIV.com

CJEU ruling puts in danger EU-UK adequacy talks

This week, the CJEU issued a ruling that could spring a leak and potentially sink adequacy negotiations between the U.K. and EU.

CJEU ruled to restrict surveillance activities on phone and internet data by EU member states but specifically to regimes in Belgium, France and the U.K. The decision means governments have limited grounds for mass data retention unless they face a “serious threat to national security.” Additionally, access to phone and internet data, as well as the duration of that access, should be determined based on necessity.

The U.K. is chief among those affected by the court’s ruling as the clock winds down on its Brexit transition period, which is set to expire with or without an adequacy decision from the EU December 31. Doubts about an adequacy agreement already loomed, but the latest CJEU ruling further clouds a potential deal.

Source: CJEU throws wrinkle into EU-UK adequacy talks

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