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Tag Archives for " Brexit "

Draft Brexit Data Protection Regulations would undermine adequacy determination for the UK

One thing can be certain following the recent Brexit Parliamentary shenanigans. The UK will eventually choose from: (a) a hard Brexit; (b) a deferred Brexit; (c) a Brexit perhaps softer than Mrs May’s defeated Brexit, or (d) no Brexit. As most options involve Brexit, the approach the Government has adopted to align Brexit with the GDPR is important.

Full article: Draft Brexit Data Protection Regulations would undermine adequacy determination for the UK

Department of Commerce Updates Privacy Shield FAQs to Clarify Applicability to UK Personal Data

On December 20, 2018, the Department of Commerce updated its frequently asked questions on the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks to clarify the effect of the UK’s planned withdrawal from the EU on March 29, 2019.

The FAQs provide information on the steps Privacy Shield participants must take to receive personal data from the UK in reliance on the Privacy Shield after such time.

Source: Department of Commerce Updates Privacy Shield FAQs to Clarify Applicability to UK Personal Data | Privacy & Information Security Law Blog

The four scenarios of Data Protection and a no deal Brexit

With Brexit talks still up in the air, Data Protection People look at the several scenarios that could play out for data protection professionals in the UK. Hard Brexit The Outsourced DPO has been looking at the impact of a hard Brexit for some of his clients – what a roller coaster ride that is.

Full article: The four scenarios of Data Protection and a no deal Brexit

Parliament fails to approve the EU Withdrawal Agreement: Data protection implications

On 25 November 2018 the UK Government and the EU agreed a draft withdrawal agreement which set out the terms of the UK’s departure from the EU and made a political declaration on the framework for their future relationship, as provided for under Article 50(2) of the Treaty on European Union ( Withdrawal Agreement ).

The purpose of the Withdrawal Agreement is to set out the terms of the UK’s departure from the EU and provide a transition period during which a more nuanced and ambitious future relationship can be agreed.

Full article: Parliament fails to approve the EU Withdrawal Agreement: Data protection implications

UK government gives advice to online businesses in case of no-deal Brexit

The UK government has issued guidance for online businesses and service providers on how to operate in the European Economic Area (EEA) should the UK leave the EU at the end of March with no withdrawal agreement.

The guidance covers activities governed by the EU’s e-Commerce Directive, including online retail, social media, search engines, video sharing sites, and internet service providers

Full article: UK government gives advice to online businesses in case of no-deal Brexit

The UK will have to renegotiate data protection relationships with EEA countries

UK government says that at the end of the transitional period, the EEA agreement will no longer be applicable and the UK will seek a new arrangement with the EEA countries Norway, Iceland and Liechtenstein.

The EU will start its assessment of the UK’s adequacy for international data transfers as soon as possible after Brexit. The UK is ready to start these assessments, the government says.

Source: The UK will have to renegotiate data protection relationships with EEA countries – Privacy Laws & Business

Government issues draft data protection legislation to deal with Brexit

The draft legislation, The data protection, privacy and electronic communications (amendments etc) (EU exit) regulations 2019, have been prepared to ensure that the UK data protection legal framework continues to function correctly after Brexit.

The instrument amends the Privacy and Electronic Communications Regulations 2003 (PECR), UK GDPR and the DP Act 2018.

Source: Government issues draft data protection legislation to deal with Brexit – Privacy Laws & Business

UK-to-UK data transfers impacted by ‘no deal’ Brexit

UK businesses that outsource the processing of personal data to UK supplier or which send data to other UK-based businesses in their group may need to update their contracts in the event of a ‘no deal’ Brexit to allow those data transfers to continue, a data protection law expert has said.

Full article: UK-to-UK data transfers impacted by ‘no deal’ Brexit

No-deal Brexit will block critical data transfers from EU

Despite bringing the General Data Protection Regulation (GDPR) into UK law in the form of the Data Protection Act 2018, leaving the EU without a deal in place means Britain will be, for a time, classed as a ‘third country’ until an adequacy agreement can be implemented.

This means that while some data can be transferred from the UK to European Economic Area (EEA) countries, something supported by the UK government, there will be a stop to all flow of personal information in the opposite direction until a data adequacy agreement comes into force, according to the ICO.

Full article: No-deal Brexit will block critical data transfers from EU, warns ICO | IT PRO

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