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EDPB releases information note in the event of a “No-deal Brexit”

On February 12, 2019, the European Data Protection Board (“EDPB”) published two information notes to highlight the impact of a so-called “No-deal Brexit” on data transfers under the EU General Data Protection Regulation (“GDPR”), as well as the impact on organizations that have selected the UK Information Commissioner (“ICO”) as their “lead supervisory authority” for their “Binding Corporate Rules” (“BCRs”).

Source: EDPB releases information note in the event of a “No-deal Brexit”

Irish watchdog issues ‘no deal’ Brexit data transfers guidance

Businesses in Ireland have been urged to ensure that their transfer of personal data to the UK in a ‘no deal’ Brexit scenario is compliant with data protection law.

The guidance was issued by the Data Protection Commission (DPC) in Ireland and highlighted the use of standard contract clauses (SCCs) endorsed by the European Commission as a means of ensuring compliance, but a data protection law experts have warned that the use of SCCs alone may not be sufficient for Irish company to demonstrate compliance.

Source: Irish watchdog issues ‘no deal’ Brexit data transfers guidance

“No Deal” Brexit May Bring Practical Problems for Privacy and Data Protection

With a “No Deal” Brexit seeming more likely than ever after the UK Parliament voted down a proposed deal in January 2019, concerns are rapidly multiplying about the effects of such a withdrawal from the EU for organizations doing business in the UK, and how those organizations will address numerous practical issues, privacy and data protection among them.

Full article: “No Deal” Brexit May Bring Practical Problems for Privacy and Data Protection

Irish DPA asks Supreme Court to uphold ruling in Facebook case

Facebook wants to alter High Court findings on issues concerning the validity of EU-US data transfer channels because it “doesn’t like them” and does not want them put before the Court of Justice European Union (CJEU), the Data Protection Commissioner has told the Supreme Court.

A core issue in Facebook’s appeal is whether there is any legal entitlement to appeal a referral to the CJEU.

Source: Facebook wants to alter findings because ‘it doesn’t like them’, court told

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

Irish Data Protection Advisory Releases Guidance on Data Consequences following ‘No Deal Brexit’

Guidance on what should happen with transfers of personal data to and from the United Kingdom, including Northern Ireland, following a possible ‘no deal’ Brexit has been published by the Irish Data Protection Commission (DPC).

The organisation warned that Irish and Irish-based companies that manage private personal data will be required to ensure data being transferred to the UK is done so lawfully following a possible March 29 date the UK leaving the European Union. From that date, in the event of no exit deal being agreed, the UK must be treated as any other non-EU State and would not enjoy the existing free movement of data that it currently does.

Full article: Irish Data Protection Advisory Releases Guidance on Data Consequences following ‘No Deal Brexit’ – Compliance Junction

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

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