Brexit, British Government, Brussels, GDPR, Labour Law, Michel Barnier, Theresa May

The @GovUk #Brexit White Paper: More Questions than Answers

This blogpost was written on Friday, July 13th, 2018 

WHIf it worked once it will work again. That seems to be Theresa May’s approach to the Brexit negotiations, judging by the White Paper The Future Relationship Between The UK And The EU, published on Thursday. Back in 2012 when she was Home Secretary, using protocol 36 of the Lisbon Treaty, May opted-out en bloc from all the police and criminal justice measures adopted under the Maastricht Treaty before the EU court of justice in Luxembourg took over jurisdiction of them under Lisbon.

She then proceeded to opt back in to all of the measures she liked but was able to claim, to assuage die-hard anti-European Court Tory backbenchers, that she had opted-out.

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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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Article 50, Brexit, David Davis, GDPR, Irish border, Michel Barnier, Theresa May

Still a (very) Long and Winding #Brexit Road Ahead

This Briefing was written on 3rd Dec 2017

7EEC154E-1C26-4BA9-BD46-6E7E326308E2As we write this Briefing, early on Sunday Dec 3, it would appear that the EU and the UK are moving towards a position where the EU Council (heads of government) at its next meeting on December 14/15 will be able to declare “sufficient progress” in the Article 50 discussions to date to allow them to move on to the next stage, which will focus on the “framework” of the UK’s future relationship with the EU.

However, as one diplomat put it, until we see what has been agreed “on paper” rather than “in the papers” it is wise to withhold judgement. But it does seem that the logjam on citizens’ rights has been broken by the UK conceding an ongoing role for the Court of Justice of the European Union (CJEU) in upholding the rights of EU citizens resident in the UK after Brexit.

The UK has also agreed to meet all its outstanding financial obligations to the EU, estimated at around €50 billion net, while accepting that this money does not buy a future trade deal of any type, even if, for the moment, UK cabinet ministers are not exactly making that clear to MPs in the House of Commons. Continue reading

Brexit, Data Protection, Data transfers, GDPR, Theresa May

Another Brick in a #Data Wall? #Brexit #EUDataP

This article was written on Nov 4th, 2017

GDPR readyUnder the BEERG law of unintended consequences; the unintended outworking of an action or event is often far more significant or impactful than the intended one. And so, while the UK media obsessed on sex scandals and a cabinet resignation, the Brexit process crawled along with the announcement of another round of EU/UK talks next week and a vote in parliament forcing the government to publish 58 sectoral studies on the economic impact of Brexit.

Meanwhile, the most important Brexit consequence of the week may turn out to be an obscure clause in the Second Schedule of the Data Protection Bill, (lines 39 – 45 on page 125) which is currently being examined line-by-line in the House of Lords.

In an article in politics.co.uk last Friday, November 3, Martha Spurrier director of Liberty, an organisation which campaigns for civil liberties and human rights in the UK, drew attention to a little noticed provision in the Bill, Schedule 2, Part 1, Section 4.1 – Immigration, which reads: Continue reading