UK Government Position Paper on International Transfers of Data – Key Points

The post below was first published on our Employment blog

Last week the UK Government released its negotiating position paper on international transfers of personal data within the EEA (The Exchange and Protection of Personal Data). Once the UK leaves the EEA it will no longer be subject to the General Data Protection Regulation (the “GDPR”) and would no longer form part of the EU “safe data” zone throughout which personal data may be freely transferred. The GDPR will however continue to apply to UK businesses who provide goods or services to individuals in the EEA.

In line with previous declarations, the position paper outlines the Government’s desire to maintain the “frictionless” movement of data to and from other countries within the EEA. It cites the economic benefits for the UK and EU as well as cooperation in respect of law enforcement matters (such as serious crime and terrorism).

The position paper sets out the Government’s preferred outcome in three key areas:

  • An EU adequacy decision in relation to the UK’s post-Brexit data protection legislation;
  • The continued input of the UK data regulator (the Information Commissioner’s Office (the “ICO”)) in the EU’s regulatory dialogue; and
  • Interim arrangements, from the point of Brexit to the time when more permanent measures  have been put in place, to maintain stability and consistency. Continue reading

Save the data: EU General Data Protection Regulation to apply from 25 May 2018

The EU General Data Protection Regulation has finally been approved and published in the Official Journal. The countdown to its application date of 25 May 2018 has therefore begun.

The European Commission published its first draft of the EU General Data Protection Regulation (the “GDPR“) in January 2012, a comprehensive reform of current the existing EU regime. In April 2016, after over four years of debate, the final text of the GDPR was formally approved.

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