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Will the UK achieve adequacy after Brexit?

The status of U.K.-EU data flows post-Brexit has been the subject of speculation since the fateful vote was taken nearly two-and-a-half years ago. But with the prospect of the U.K. crashing out of the EU without an orderly withdrawal agreement growing ever-more realistic, concern is mounting.

Full article: Will the UK achieve adequacy after Brexit? Even the ICO isn’t so sure

FTC Gives Final Approval to Settlements in Privacy Shield Cases

US Federal Trade Commission has given final approval to settlements with four companies over allegations that they falsely claimed certification under the EU-U.S. Privacy Shield framework, which establishes a process to allow companies to transfer consumer data from European Union countries to the United States in compliance with EU law.

As part of the proposed settlements with the FTC, all four companies are prohibited from misrepresenting the extent to which they participate in any privacy or data security program sponsored by the government or any self-regulatory or standard-setting organization, and must comply with FTC reporting requirements. In addition, VenPath and SmartStart must continue to apply the Privacy Shield protections to personal information they collected while participating in the program, protect it by another means authorized by the Privacy Shield framework, or return or delete the information within 10 days of the order.

Source: FTC Gives Final Approval to Settlements with Four Companies Related to EU-U.S. Privacy Shield | Federal Trade Commission

Timescale set for data protection ‘adequacy’ decision after Brexit

On Wednesday evening, the UK government and European Commission announced that the UK and EU27 countries had reached a draft agreement on the terms of the UK’s withdrawal from the EU. That draft agreement, which is still to be ratified by the UK parliament and EU27 member states, was published alongside a number of other documents, including an outline of the political declaration on the future EU-UK relationship.

According to the political declaration, the Commission will assess UK data protection standards on the basis of the EU’s “adequacy framework” with a view to adopting an “adequacy” decision by the end of 2020. Over the same period, the UK will take steps to ensure comparable facilitation of personal data flows to the Union.

Full article: BREXIT: timescale set for data protection ‘adequacy’ decision

Draft Withdrawal Agreement does not guarantee frictionless free flow of personal data from EU

The draft Withdrawal Agreement at Article 71(2) implies an adequacy assessment by the European Commission could happen in future (this is expected before the end of the transition period in December 2019), but first the UK has to leave the EU and then the Commission has to follow the rules in Article 45 of the GDPR.

This means that the Commission has to involve the European Data Protection Board (EDPB) as part of the adequacy determination process so it won’t be a quick process. However, UK may not get an assessment of adequacy at all.

Full article: Draft Withdrawal Agreement does not guarantee frictionless free flow of personal data from European Union

Data Protection and the Draft EU-UK Withdrawal Agreement: Ten Initial Conclusions

The draft text of the EU-UK withdrawal agreement was published by the UK Government and the European Union yesterday, providing some of the first concrete indicators of the possible direction of travel in the area of data protection.

This article provides 10 initial conclusions on Draft EU-UK Withdrawal Agreement.

Full article: Data Protection and the Draft EU-UK Withdrawal Agreement: Ten Initial Conclusions

UK government adopts draft Brexit withdrawal agreement

The cabinet has agreed a draft withdrawal agreement on the UK’s exit from, and future relationship with the European Union. In terms of data protection, the documents reaffirms the UK government’s commitment to a high level of data protection during and after Brexit.

The future relationship with the EU is described in just seven pages. The EU will commence its evaluation of the UK’s data protection framework with the aim of decisions by the end of 2020. There will be ‘appropriate cooperation between regulators.’ The draft withdrawal agreement talks about ‘essential equivalence’ rather than adequacy.

Full artisle: UK government adopts draft Brexit withdrawal agreement – Privacy Laws & Business

Facebook Failed to Police How Its Partners Handled User Data

Facebook failed to closely monitor device makers after granting them access to the personal data of hundreds of millions of people, according to a previously unreported disclosure to Congress last month.

Facebook’s loose oversight of the partnerships was detected by the company’s government-approved privacy monitor in 2013. But it was never revealed to Facebook users, most of whom had not explicitly given the company permission to share their information.

Full article: Facebook Failed to Police How Its Partners Handled User Data – The New York Times

What does the newly signed ‘Convention 108+’ mean for UK adequacy?

The Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) has been given an overhaul to bring it into line with the General Data Protection Regulation. While Convention 108 is not an EU document, the European Commission sees the protocol as a way of encouraging “third countries” to adopt the basic tenets of the GDPR. This could be particularly interesting for the U.K., which will become a third country after Brexit.

Full article: What does the newly signed ‘Convention 108+’ mean for UK adequacy?

Facebook’s court appeal over data transfer case set for January

Facebook’s unprecedented Supreme Court appeal aimed at halting a referral to the European Court of Justice (CJEU) concerning the validity of EU-US data transfer channels will be heard in January.

The court previously set a provisional hearing date of December 19th but, following a case management hearing on Thursday, has now fixed the case for January 21st.

Source: Facebook’s court appeal over data transfer case set for January

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