Exceptions remain a valid transmission mechanism. However, the EDPB recommends that the application of exemptions be interpreted in a restrictive manner so that the exception does not become the rule. We assume that the transfer of data from the UK to the EU and Gibraltar can continue for the time being, based on new uk adequacy provisions. More information on how transfer rules work can be found on the international transfer page of our Guide to the Processing of Law Enforcement. How is the transfer of personal data from the UK to other third countries affected during and after the transition? The status of Brexit and its potential impact on data transfers between the UK and the EU have long been uncertain. Many companies use standard contractual clauses and some have introduced more stringent binding rules to facilitate the transmission of legal data, although CSC is currently being examined in a legal proceeding before the European Court of Justice. Following the landslide victory of the British Conservative Party in December 2019, the UK`s exit from the European Union had an immediate impact, leading to the UK`s withdrawal from the EU on 31 January 2020. With the approval of the withdrawal agreement by the European Parliament, the United Kingdom is now in a transitional period until 31 December 2020. This leaves a transition period of only 11 months! The question remains: what about data protection, in particular data transfers from the EU to the UK? When will facial recognition systems used for law enforcement not be subject to a data protection regime? | Hand | Those concerned can use their rights to end political advertising (theoretically) ” Analysis of the Right of Information: Eleonor Duhs, Director of Technology, Outsourcing and Data Protection Assistance at Fieldfisher explains how Article 71 of the EU-UK Data Protection Agreement will be implemented if the UK does not obtain a adle decision at the end of the Brexit transition period.
This data is called legacy data in this message analysis. Article 71, paragraph 2, does not apply to Article 71, paragraph 1, when the United Kingdom receives a decision on adequacy from the European Union. Article 71, paragraph 3, provides that, when it loses its adequacy decision, the United Kingdom must apply protection to personal data within the scope of Article 71, paragraph 1, which are “essentially equivalent” to EU standards. Article 71 is high-level and interacts with a complex network of withdrawal agreements and various Brexit laws. As a result, some aspects of practical application have yet to be confirmed in subsequent legislation and guidelines. The “frozen RGPD” It is important to note that data protection standards are not updated in section 71. The EU RGPD “as applicable on the last day of the transition period” applies to legacy data (this is the effect of Article 6, paragraph 1, of the withdrawal agreement). This version of the EU RGPD is referred to in this article as the “frozen RGPD”. The frozen RGPD must be interpreted in accordance with the relevant jurisprudence of the European Court of Justice adopted before the expiry of the transition period (see Article 4, paragraph 4, of the withdrawal agreement). In the interpretation of the frozen RGPD, British courts must “take due account of the relevant jurisprudence of the Court of Justice rendered after the end of the transition period” (see Article 4, paragraph 5, of the withdrawal agreement).
This means that previous case law on the EU RGPD and cases that were handed down after the end of the transition period will be applicable if the British courts consider interpreting the frozen RGPD. The implementation of the “frozen RGPD” in UK legislation Section 7A of the European Union (Withdrawal) Act 2018 (EU (W) A 2018) implements Section 71 of the withdrawal agreement.