Boris Johnson, Brexit, British Government, Customs Union, Data Protection, Data transfers, Michel Barnier, Negotiating, Single Market, Trade Deals

A “No-Deal” Brexit looms ever closer

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On January 1, 2021, whether there is a deal between the UK and the EU on future trading relations or not, significant new barriers to doing business between the UK and the EU will come into existence. There is no possible agreement between the UK and the EU that can eliminate these new barriers and borders because of the UK’s decision to leave the EU’s single market and customs unions.

At best, an agreement will provide for tariff free and quota free trade in goods between the two. But such an agreement would not eliminate the need for paperwork and customs checks, to certify such things as “rules of origin” – where the goods in question, and the components in them, were actually made. Indeed, it has been estimated that UK business will need to recruit at least 50,000 customs agents just to handle the additional paperwork involved in the export of goods.

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Brexit, Data Protection, Data transfers, GDPR

The Schrems II decision and Brexit

 

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The Schrems II judgement of the Court of Justice of the European Union (CJEU) makes the transfer of personal data to the US from the EU close to legally impossible. The Court has struck down Privacy Shield as incapable of providing sufficient protection for the personal data of EU citizens transferred to the US and has severely constrained the use of Standard Contractual Clauses (SCCs) as an alternative way of doing so.

The Court’s judgement is rooted in the belief that there is a significant disconnect between the EU’s emphasis on data privacy as a fundamental right, and the US’s stress on the national security imperative for its intelligence agencies to be able to access data transferred to the US. (See here for a useful summary of the background to the case).

The bottom line takeaway from the CJEU’s decision is that, no matter what procedure is used, it is illegal to transfer the personal data of EU citizens to third countries if that data cannot be protected to the standards that the EU demands when it arrives in that country.

The CJEU, in line with the Charter of Fundamental Rights and the wording of the GDPR, has prioritised data privacy over economic considerations. Whether an appropriate balance has been struck is for European politicians to decide.

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Backstop, Brexit, British Government, Customs Union, Data Protection, Single Market

No matter what, years of Brexit uncertainty beckons

This blogpost was written on Sunday Oct 20th, 2019

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Whatever happens in the days and weeks immediately ahead, one thing can be said for certain: the UK faces years, if not decades, of uncertainty as it struggles to negotiate, and then constantly renegotiate, the nature and substance of its relationship with the European Union.

Despite what Brexiteers like to claim, the UK cannot deny the pull of history and geography.

The “history” is, in the first place, that European economies have been slowly integrating over the past fifty-plus years and that integration is not going to stop, or go into reverse, anytime soon. The “history” is, in the second place, that Northern Ireland is not a “normal” part of the UK and because of its unique relationship with Ireland, the country with which it shares the island of Ireland, it will always need to be treated differently from the rest of Great Britain.

The “geography” is that the European Union is, and will remain, the UK’s single biggest market for both goods and services for many years to come. Which means, given that the EU will be some six times bigger than the UK, that if the UK wants to trade with the EU it will be largely on EU terms. But this undermines a great deal of the rationale for Brexit, that it allows the UK to “take back control” of its own laws enabling it to diverge from EU standards.

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Backstop, Brexit, British Government, Conservative Party, Data Protection, Negotiating

There’s no #EP2019 #Brexit domino effect. UK is on its own

This Blogpost was written on Tuesday May 28th, 2019

Election night at the European Parliament in Brussels

Tuesday, May 28, 2019. Two days after the European Parliament elections and the political landscape becomes a little clearer.

There has been no “right-wing/populist” surge of the sort that many commentators were predicting some months back. True, the hold on the parliament that has been exercised by the centre-right EPP and centre-left S&D, working together, has been broken. That’s no bad thing. But it has been broken by the very pro-EU Liberals and Greens and not by the extreme right of France’s le Pen and Italy’s Salvini.

Even in the UK, “hard-core” remain parties such as the Liberal Democrats and Greens polled 40% against 35% for the Brexit Party and the now defunct UKIP. With the Tories and Labour on a combined 23%, the numbers suggest that there is now a narrow majority in the UK in favour of remaining in the EU.

Inside the European Parliament it is the parties based on civilised and democratic values, who between them hold around 70% of the seats, that will determine the future of the EU and have a critical say in deciding who will be the next president of the European Commission and other top jobs in Brussels.

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Brexit, Data Protection, Data transfers, GDPR, Michel Barnier

BEERG #Brexit Blog: A Data Special:- @MichelBarnier highlights #data as a critical issue

This BEERG Brexit Blog is a special issue looking at critical data issues that have been recently highlighted, but which were also forecast here many months ago:

BarnierSpeaking at the 28th Congress of the International Federation for European Law (FIDE) in Lisbon last weekend, the EU’s chief negotiator Michel Barnier devoted a considerable section of his Lisbon speech to the impact of Brexit on data transfers between the EU and UK post Brexit, saying: “the UK must understand that the only possibility for the EU to protect personal data is through an adequacy decision”.

Here is that portion of M. Barnier’s speech – the BEERG analysis appears after it.

“The United Kingdom wants to leave. That is its decision. Not ours. And that has consequences. Allow me to give an example. The General Data Protection Regulation – GDPR – came into force yesterday. According to the United Kingdom’s position first presented – and published – this week on data protection:

The United Kingdom would like its supervisor to remain on the European Data Protection Board, created by the GDPR.

It wants to remain in the one-stop-shop.

It believes that this is in the interest of EU businesses.

But let’s be clear: Brexit is not, and never will be, in the interest of EU businesses. And it will especially run counter to the interests of our businesses if we abandon our decision-making autonomy. This autonomy allows us to set standards for the whole of the EU, but also to see these standards being replicated around the world. Continue reading

Brexit, Data Protection, Data transfers, GDPR, Macron, Parody

“Talking to the Board”: A #Brexit Fable

This blog was written on February 3rd 2018.

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From the hotel window he could see across the roofs of Fisherman’s Wharf to Alcatraz, with the Golden Gate Bridge off in the background. Images that evoked The Rock and Bullitt or, for those with longer memories, the TV series The Streets of San Francisco, with Karl Malden and a very young Michael Douglas.

But James “Jim” Johnson wasn’t there to engage in remembrances of movies past or to admire the view. As the UK Executive Director of 4Zero, one of the US’s leading transnationals in the IT space, he was there to pitch to a board committee on a new $500m+ project, with around 1,200 jobs, to be located in Europe, developing state of the art computer security systems, vital for governments and businesses at a time when terrorist and state-backed cyber guerrilla war campaigns were the stuff of daily life.

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