Fidest – Agenzia giornalistica/press agency

Quotidiano di informazione – Anno 33 n° 335

Brexit preparedness: Fisheries – Questions and answers

Posted by fidest press agency su martedì, 30 luglio 2019

The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that unless a ratified withdrawal agreement1 establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) (‘the withdrawal date’). The United Kingdom will then become a ‘third country’.
In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, all stakeholders processing personal data are reminded of legal repercussions, which need to be considered when the United Kingdom becomes a third country. Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, the EU rules for transfer of personal data to third countries apply. Aside from an “adequacy decision”, which allows the free flow of personal data from the EU without the EU data exporter having to implement any additional safeguards or being subject to further conditions, the EU’s data protection rules (both under the current Directive 95/46 and under the new General Data Protection Regulation 2016/679, “GDPR” – which will apply as from 25 May 2018) allow a transfer if the controller or processor has provided “appropriate safeguards”. These safeguards may be provided for by:
1 Negotiations are ongoing with the United Kingdom with a view to reaching a withdrawal agreement.
2 Furthermore, in accordance with Article 50(3) of the Treaty on European Union, the European Council, in agreement with the United Kingdom, may unanimously decide that the Treaties cease to apply at a later date.
3 A third country is a country not member of the EU.
4 For the continued application of EU safeguards of personal data processed while the United Kingdom was a Member State, the Commission has published an essential principles paper here: https://ec.europa.eu/commission/publications/position-paper-use-data-and-protection-informationobtained-or-processed-withdrawal-date_en.
Preparing for the withdrawal is not just a matter for EU and national authorities but also for private parties. As regards the implementation of the GDPR, and in particular the new tools for transfers to third countries (e.g. approved Codes of Conduct and approved certification mechanisms entailing binding commitments by the controllers and processors receiving the data in the third country), the Commission (DG JUST) is working with interested parties and data protection authorities to make the best use of these new instruments. Moreover, the Commission has set up a stakeholder group comprised of industry, civil society and academics, in which this topic will be discussed.

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