Data Protection And The Withdrawal Agreement

Paragraph 9 of the political declaration states that “the United Kingdom will set up its own international transfer regime and will take measures within the same time frame to ensure comparable facilitation of the transmission of personal data to the Eu… ». The UK Government stated that at the end of the transition period, data transfers from the UK to the EEA would be allowed. She says she will keep that up to date. The UK government intends to recognise the adequacy decisions taken by the European Commission before the end of the transition period. This will allow for continued limited transfers from the UK to most of the organisations, countries, territories or sectors covered by an EU adequacy decision. More information is available in our guidelines on international data transfers at the end of the transition period. The United Kingdom withdrew from the European Union on 31 January 2020. On the basis of the withdrawal agreement ratified by both the European Union and the United Kingdom, a transition period during which EU legislation will continue to apply to the UK will last until 31 December 2020. With regard to personal data, the situation remains unchanged and there is therefore no need to set up a transfer mechanism under Chapter V of the RGPD or the Criminal Prosecutions Directive. Legacy data includes personal data of people outside the UK (in the EEA or not) processed in the UK, where: what about data transfers between the EU and the UK? This mechanism remains valid for British companies that send data to the US under the Privacy Shield agreement (and US organizations that receive DATA from the UK under Privacy Shield), but the text of the data protection shield privacy policy needs to be updated.

Businesses should also be aware that the UK government has stated that it is considering maintaining the RGPD regulation as it did after leaving the EU and that compliance with the RGPD and the UK DPA should therefore be maintained in 2019, even if they do not process EU citizens` data after the transition period. On 29 January 2020, the European Parliament approved the UK`s withdrawal agreement after the British Parliament ratified the EU Withdrawal Act for 2020 on 23 January 2020 (withdrawal agreement). The withdrawal agreement maintains the UK`s pre-Brexit position and specifies that the RGPD will remain in force in the UK during the transitional period (between 1 February 2020 and 31 December 2020 or an extension agreed by Britain and the EU), allowing both sides to negotiate future data protection relations.

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