Tag: Data

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

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

Posted on by BEERG Brexit Blog

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 →

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Brexit, British Government, Data transfers

The UK, Data Protection and #Brexit

Posted on by BEERG Brexit Blog

Written August 9th 2017

gdpr-euroThis week, the UK government published details of its Data Protection Bill which will enshrine the EU’s General Data Protection Regulations (GDPR) into UK law (here).

The new legislation will become effective in May 2018, when the GDPR comes into force across Europe. The potential penalties for breaching the new data law are severe: up to 4% of global turnover or €20m, whichever is the greater. The EU recently hit Google with a fine of €2.4 billion over alleged market dominance abuse, so national data regulators won’t be shy of imposing big fines on companies that break the new laws.

Unfortunately, the documents published by the UK government with the announcement of the new Bill has precious little to say about Brexit and data flows. The only real reference reads:

“Unhindered flow of data, therefore, is essential to the UK forging its own path as an ambitious trading partner. That is why the government will be seeking to ensure that data flows between the UK and the EU, and also appropriately between the UK and third countries and international organisations, remain uninterrupted after the UK’s exit from the EU. Cooperation with the UK’s law enforcement and security partners, both in Europe and beyond, will also remain a priority.”

Continue reading →

Brexit, British Government, Data transfers

Data protection and #Brexit

Posted on by BEERG Brexit Blog

Written on July 19th

gdpr-euroWriting about Brexit in the Observer last Sunday, 16 July, Gus O’Donnell, a former cabinet secretary and head of the UK civil service, said:

…we need to start being honest about the complexity of the challenge. We keep being told by our politicians that Brexit can be delivered easily. This isn’t correct. Believe me, we are embarking on a massive venture. There is no way all these changes will happen smoothly and absolutely no chance that all the details will be hammered out in 20 months… We will need a long transition phase, and the time needed does not diminish by pretending that this phase is just about “implementing” agreed policies as they will not all be agreed.

This is as accurate as it gets about the realities of Brexit. O’Donnell’s warning comes a day after the Financial Times published a piece which noted that:

UK industry leaders have ratcheted up the pressure on the UK government by warning that a breakdown of Brexit negotiations resulting in no deal would be “catastrophic” with “massive disruption” leading to a sharp contraction in output.

Industries as diverse as road haulage and orchestras are sounding the alarm and warning that threats of walking away without a deal raise the prospect of an extremely difficult outcome for Britain in March 2019.

Continue reading →