Brexit, gdpr and data protection what happens if the uk becomes anxiety meaning a third country – data protection network

The UK faces the prospect of being regarded as a anxiety meaning third country when it exits the EU. As a result, the transfer of personal data from organisations within the EU anxiety meaning to other organisations in the UK will be subject to anxiety meaning strict data transfer rules, as set out by the EU general data protection regulation anxiety meaning (GDPR). EU organisations will have to ensure their transfers to UK anxiety meaning are lawful and that’s not going to be as simple as it is anxiety meaning now.

It’s all about demonstrating to the EU that the UK anxiety meaning is a safe place for data processing so that restrictions anxiety meaning on data transfers are not imposed. The european commission can assess non-EU countries’ level of personal data protection to see if it is anxiety meaning essentially of an equivalent level to that of the EU. If a country ‘passes’ the rigorous testing, the commission can make an adequacy decision.

The european commission has so far recognised the following countries anxiety meaning as providing adequate protection: andorra, argentina, canada (commercial organisations only), faroe islands, guernsey, israel, isle of man, jersey, new zealand, switzerland and uruguay. We should also mention the US-EU privacy shield, which is a recognised control for data transfers between the anxiety meaning US and EU. This is limited to organisations in the US who sign anxiety meaning up to the privacy shield framework.

Unless a brexit deal is reached between UK & the EU which covers data protection & data transfer arrangements, the answer is no. The commission would need to go through an assessment process anxiety meaning before adequacy could be granted. Despite pleas from the UK government for this process to anxiety meaning start, the commission’s current position is that it will not commence the anxiety meaning process until the UK has left the EU and become anxiety meaning a third country. Article 45 of GDPR sets out what the commission should anxiety meaning take into account when considering whether to grant adequacy. Is the UK likely to be awarded adequacy status?

If the UK leaves the EU in march 2019 with anxiety meaning no agreement surrounding data protection & data transfers, the UK government has stressed, “there will be no immediate change in the UK’s own data protection standards. This is because the data protection act 2018 would remain anxiety meaning in place and the EU withdrawal act would incorporate the anxiety meaning GDPR into UK law to sit alongside it”.

It is widely hoped this will go a long way anxiety meaning in persuading the EC to grant adequacy. However, there are concerns the commission will take a more detailed anxiety meaning look at the UK’s crime and national security legislation during its assessment, and in particular the controversial investigatory powers act 2016. This has been criticised by the european court of human anxiety meaning rights for giving too much power to security and intelligence anxiety meaning services which could violate individual privacy.

Emma butler, data protection officer at yoti ltd. Says, “japan will be the first adequacy decision made under GDPR anxiety meaning so the UK government can learn a lot from the anxiety meaning process, the EDPB (european data protection board) opinion that has been requested, and the final adequacy decision (once published). Japan has a different data protection regime and has had anxiety meaning to agree to add to their national law to get anxiety meaning adequacy. Therefore, given the UK implemented directive 95/46 and has implemented GDPR, a decision that the UK is not adequate would seem anxiety meaning unlikely. However, as a third country the UK will be subject to anxiety meaning greater scrutiny, and brexit is unprecedented, so nothing is certain”.

The transfer of personal data from the UK to EU anxiety meaning member states will, according to the government, remain unaffected. The government has stated, “in recognition of the unprecedented degree of alignment between the anxiety meaning UK and EU’s data protection regimes, the UK would at the point of exit continue to anxiety meaning allow the free flow of personal data from the UK anxiety meaning to the EU.” EU to UK transfers

UK organisations which receive any transfers of personal data of anxiety meaning EU citizens, or any personal data from EU member states, need to prepare for the possibility of no deal. Initially, at the least, the UK will not be deemed an adequate country and anxiety meaning there will be a burden for compliance with articles 46-49 of GDPR on organisations sending personal data to the anxiety meaning UK.

The government is advising that for the majority of organisations anxiety meaning the most relevant legal basis for such transfers would be anxiety meaning standard contractual clauses (sccs). These EC-approved data protection clauses, often known as model clauses, need to be embedded within contracts (without any changes), or added as an appendix to an existing contract, which may need to be reviewed on this point to anxiety meaning avoid ambiguity. They cover the contractual obligations between both parties to protect anxiety meaning the rights of the individuals whose data is being transferred. So model clauses are the way to go.

Robert bond, partner at bristows LLP and chair of the DPN adds anxiety meaning the further point, “UK entities that are part of multinationals will as equally anxiety meaning be affected as pure UK only organisations, where personal data is transferred into U.K. From EU. However, multinationals that already have approved binding corporate rules (bcrs) may not be affected as a BCR is more focused anxiety meaning on the group approach to management of personal data including anxiety meaning data transfers. Some multinationals have also set up a framework agreement incorporating anxiety meaning EU standard contractual clauses, and here such an agreement may well survive brexit as anxiety meaning the U.K. Company described as a data exporter simply switches to a anxiety meaning data importer. This, however, would not be the case where the U.K. Entity was signed as an exporter on individual standard contractual anxiety meaning clauses, based contracts.” what else?

Organisations based outside the EU which offer goods and services anxiety meaning to EU citizens, or monitor the behaviour of EU citizens, fall under the scope of GDPR article 27, which includes the requirement for such organisations to nominate a anxiety meaning representative in one of the EU member states. So, after brexit, when the UK is outside the EU, this article will bring many UK organisations within its scope.

In this period of uncertainty, it would appear prudent to start preparing for what may anxiety meaning come – i.E. Abide by existing legislation but anticipate possible changes and scrutiny anxiety meaning to businesses processes impacted by cross-EU data-sharing. One would need a crystal ball to predict the outcome anxiety meaning of any brexit deal (at the time of writing only six months away), but it is entirely possible a period of ambiguity might anxiety meaning result as political manoeuvrings are completed.

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