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, David Davis, Michel Barnier, Negotiating

On #Brexit there are the Crashers, the Cavers and the Light Remainers

This blogpost was written on May 27th 2018.

david-cameron-eu-referendum-390x285This week the Brexit negotiations resumed in Brussels with the UK presenting a series of papers, or rather PowerPoints, on issues ranging from future economic relationships between the two sides, through security cooperation to data protection and data flows.

On data protection, an issue with which we are very familiar, the UK’s pitch can best be summed up as:

Can we all pretend, and act, as if the UK has not left the EU?

Can we have exactly the same arrangement on data flows as we have now?

After Brexit, we won’t really be a third country, you know, not really, so can our data protection person still turn up at meetings of the European Data Protection Board?

But, of course, we will be outside the jurisdiction of the European Court and so we will need our own procedures to resolve disputes.

The only surprise is that the presentation did not end with that much used advert punchline: “…because we’re worth it”.

Continue reading

Brexit, British Government, David Davis, Irish border, Michel Barnier, Negotiating, Theresa May

#Brexit and the Ideology of Angloism

This blog was written on Monday April 30th, 2018

Hammond BoJoYou can only understand Brexit if you understand that Brexit is not a rational economic calculation but is instead an ideology.

An ideology that can best be described, for want of a more elegant word, as “Angloism”. Angloism is a deep-seated set of beliefs with three main threads.

First, it holds that in joining the old Common Market the UK lost its sovereignty, the ability to take its own political decisions. This loss to the EU is seen by many Brexiteers as a betrayal of centuries of English tradition, of government through the “Crown in Parliament”. “Taking back Control” was about returning to this perceived happy state of affairs.

Secondly, it argues that the UK in general, but England in particular, is fundamentally different from mainland Europe. Its legal system is based on the common law, not the Napoleonic Code. Its economy is liberal and individualist, not corporatist and collectivist. And, not to be underestimated, its religions values are Protestant, not Catholic. Continue reading

Article 50, Brexit, David Davis, Irish border, Michel Barnier, Negotiating

The #Brexit Delusions of Davis?

This article was written on April 16th 2018

DavisHaving your chief negotiator on top of their brief should be a given. Knowing all relevant facts and figures is usually helpful, as is being familiar with the procedures that are to be followed.

Having some insight into the thinking of the other party is recommended as that can stop the negotiator making rash promises that cannot be delivered.

All of this holds true, no matter what the negotiation.

It is even more true when it is a negotiation of unequals, with one side holding most, if not all, of the cards.

In such circumstances for the lead negotiator of the weaker party to unilaterally announce what is going to happen, how it is going to happen and what will be the outcome is foolhardy and unwise, to say the least. Unless there is some unknown, ulterior motive for so doing.

Continue reading

Article 50, Brexit, Michel Barnier, Negotiating, Theresa May, UK Labour Party

From “Cakeism” to “Half-Bakeism” on #Brexit

This blog was written on Feb 25th, 2018:

Chequers meeting

“The fact that the UK cabinet can spend entire days debating its preferred Brexit choices while completely ignoring what is actually negotiable with the EU never ceases to amaze” wrote John Peet, lead for the Economist on Brexit, in a Twitter post.

The post came after the UK “war cabinet” spent a day at the prime minister’s country house in Chequers trying to work out the “end state” of the Brexit process. Trying to find an answer to the question: Just what commercial and trading relationship does the UK wants with the EU in the future?

In the words of Donald Tusk, president of the EU Council, the answer they arrived at was “pure illusion”.

While we won’t know for certain what the cabinet decided until the Prime Minister, Mrs. May, makes a major speech next Friday setting out their plan, leaks suggest that the cabinet has decided that not only does it want to have its cake and eat it, it now also wants to own a half-share in the bakery as well.

Continue reading

Brexit, Irish border, Michel Barnier, Negotiating, Theresa May

#Brexit: The UK Government’s BATNA Dilemma

Koji Tsuruoaka, Japan's ambassador to Britain, speaks outside 10 Downing Street after a meeting between Britain's Prime Minister Theresa May and senior members of Japanese companies, in LondonIt seems to us that a great deal of press and other comments about the supposed disunity within the UK cabinet about Brexit frames it slightly wrong. The cabinet is not split over what it wants from the Brexit discussions. It knows exactly what it wants.

The problem arises over what to do when it doesn’t get what it wants. and it already knows that you can’t always get what you want. The real problem is that the cabinet, in the language of professional negotiators, cannot agree on its BATNA, its Best Alternative to a Negotiated Agreement.

Continue reading

Article 50, Brussels, Michel Barnier, Negotiating, Theresa May

You Can’t Always Get What You Want #Brexit

Written on Sunday December 17, 2017

Hammond BoJoOn Friday (Dec 15), the EU Council agreed that “sufficient progress” had been made to date to allow the exit talks between the EU and the UK to be expanded to include discussions on the “framework” of the future relationship between the UK and the EU.

This BEERG Brexit Briefing argues that, just as the EU dictated terms in phase 1, it will continue to dictate terms as the process continues because both the dynamics of the process and the hard economic realities favour the EU.

Why? Because as the Dubliners of my youth would have put it: “Beggars can’t be choosers”. In EU terms, it is the UK, and not the EU, that is the “demandeur” and demandeurs “can’t always get what they want”.

Continue reading