The European Commission has also launched an administrative process aimed at reaching agreement with the United Kingdom on a new framework for the transfer of personal data.
Although the Brexit agreement was characterized by the parties agreeing on important issues only at the last minute, there are also no less important issues left unresolved after Brexit on January 31, 2020. One of these issues is setting terms for data transfers. International, which could not have been clarified either before the exit or until the end of the subsequent transitional period until the end of 2020.
This is already a major concern in sensitive industries, where it is not yet clear what changes, even very large ones, will be required. True, in principle, the exit agreement has already answered questions about the use and protection of shared data and information, and there is no final solution to international data transfers.
It has already been revealed that in the first half of 2021 there will be a possibility of distribution between the two sides of the Canal without taking special measures, but the European Commission has not yet made the necessary compliance decision for the UK. Although Britain allowed data transfer, the development of alternative data transfer mechanisms was not on the agenda in the absence of EU approval.
It must be agreed slowly
The European Commission has now announced, after weeks of silence, that the administrative process for transferring personal data in preparation for an agreement with the United Kingdom has been officially launched. It is hoped that this will lead to a result in time so that the organizations involved can avoid the transfers to billions of pounds or euros that may be imposed by the requirements of compliance with the chaotic regulation.
Responsible Vice President of the European Commission, Věra Jourová In this regard, they reaffirmed that the free and secure flow of personal data serves the common interest of citizens and businesses everywhere; According to him, although the United Kingdom has left the European Union, this does not mean that it is separated from the common European family in the field of data protection. Another issue is that the European Court of Justice has not yet cut itself off in its major efforts.
As a first step in the process, drafts will be prepared to assess the compliance of UK law with the General Data Protection Regulation (GDPR). Although the General Data Protection Regulation (GDPR) technically no longer covers citizens and organizations, the UK has never started moving relevant elements of the regulation, which has been in effect since May 2016, into its own legislation.
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This will now be formally requested by the European Data Protection Council (EDPS) and the committee representing EU member states, and if approval is obtained from both signatories, the European Commission will allow two-way data transfers to continue without interruption. – The matching decision is called.
A major problem has been reported due to the recent regulations of British control measures, which, in their current form, would in any case resonate with the union. It was previously estimated that in the absence of an agreement it would cost companies there more than £2 billion to develop an appropriate framework for the EU, which would understandably increase tensions after the pre-set grace period expires.
In any case, the announcement of the European Commission at the beginning of the week was accompanied by positive suggestions, and representatives of the European Union consider it realistic that a final agreement on this issue will be reached within six months. Of course, this will not completely eliminate uncertainty, not least because matching decisions are for a maximum of 4 years. While lengthening decisions would never be an obstacle in principle, short periods in any case would limit the UK’s room to maneuver in shaping its own data protection rules – and as ironic comments suggest, Brexit would have sought to Get rid of such restrictions.