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Brexit Agreement and Data Protection

Written by on 7 de julho de 2022

Brexit Agreement and Data Protection: What You Need to Know

The United Kingdom`s exit from the European Union has raised many concerns in various fields, including data protection. The General Data Protection Regulation (GDPR) is a set of regulations designed to protect the privacy and personal data of individuals within the European Union. With the UK no longer being part of the EU, what happens to data protection regulations and agreements?

Well, the good news is that the UK government has implemented a new data protection framework that will align with the GDPR. This framework, known as the UK GDPR, includes the same principles, rights, and obligations as the EU GDPR, making sure that the UK continues to have robust data protection standards.

The UK and the EU have agreed on a Brexit deal that will regulate how data is transferred between the two entities. The deal includes a bridging mechanism, known as the “bridging adequacy,” which ensures that data will continue to flow smoothly between the UK and the EU until the European Commission confirms that the UK`s data protection framework is adequate.

The bridging adequacy extends for up to 6 months from the end of the transition period, which ended on December 31, 2020. During this time, data transfers between the UK and the EU are not affected, and there is no need for any changes to data protection policies or agreements.

Following the 6-month transition period, the European Commission will provide an adequacy decision, which will confirm whether the UK`s data protection framework offers the same level of protection as the EU`s. If the decision is positive, then data transfers will continue without any interruptions.

If the decision is negative, the UK will be considered a “third country,” and data transfers will be subject to the EU`s standard contractual clauses. These are a set of model contracts that provide the necessary safeguards for data transfers to countries outside the EU. Businesses will need to put in place these contractual clauses to ensure data can be transferred legally.

In conclusion, the Brexit agreement and data protection have been considered carefully, and the UK government has implemented a new framework that aligns with the GDPR. The bridging adequacy ensures that data transfers between the UK and the EU are not disrupted, and businesses have time to implement changes if necessary. By providing adequate protection for personal data, the UK can continue to participate in data sharing, supporting international trade and the global economy.

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