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After Brexit Brexit Negotiations Future Relationship

Technical note on Data Protection

This technical note is part of a series of papers produced by the UK negotiating team for discussion with the EU, and sets out options for future UK-EU cooperation on Data Protection.

https://www.gov.uk/government/publications/technical-note-on-data-protection

A legally-binding data protection agreement between the EU and the UK will bring a number of important benefits to the EU:

  • improved legal certainty, stability and transparency
  • better cooperation on enforcement and investigations for EU citizens
  • cost savings and more efficient processes for EU businesses
  • benefits to EU regulators, citizens and businesses from ICO’s resource and
    expertise.

These are benefits that a standard Adequacy Decision cannot provide. They deliver better outcomes for EU citizens exercising their rights. They reduce the costs for EU businesses. They lower the risks of interrupted data flows. They avoid duplication of effort and decreased cooperation between regulators.

An agreement will not affect the EU’s ability to change its own data protection legislation, nor the EU’s decision-making autonomy. The UK is not seeking decision-making power over future EU laws, has no intention to impede EU policymaking in data protection, and respects the fact that certain EU bodies are subject to CJEU jurisdiction.

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Brexit Negotiations Future Relationship

Framework for the UK-EU partnership Data protection

The Government published a document that focuses on the UK’s proposals for the free flow of personal data between the UK and the EU after Brexit which will be used in discussions with the EU.

https://www.gov.uk/government/publications/framework-for-the-uk-eu-partnership-data-protection

The UK is committed to a deep and special relationship with EU partners, in Europe and globally, to promote the free flow of data, underpinned by high data protection standards.

We seek a new agreement on data protection, that builds on a standard adequacy decision. Such a pragmatic approach would reflect our close shared interests and unique relationship, to the benefit of both the EU and UK.

A legally-binding agreement would:

  • provide strong privacy protecFons for UK and EU citizens whose data flows between the UK and EU
  • underpin our continued partnership, notably on economic issues and security
  • provide greater certainty for consumers, businesses, law enforcement and other public authorities
  • improve joined-up regulatory enforcement of data protection standards
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Brexit Negotiations Position Paper

UK Position Paper – The exchange and protection of personal data

The UK Government recently published a paper that discusses options for the protection of personal data after the UK leaves the EU.

https://www.gov.uk/government/news/uk-outlines-proposals-for-shared-approach-on-data-protection

Recent technological advances have led to huge increases in the amount of personal data being processed and transferred, including across borders. Over time this has necessitated the development of more robust rules to:

  • protect personal data from being stolen or disclosed to those without authorisation
  • prevent personal data from being misused by those who have access to it
  • keep personal data accurate, particularly where automatic decisions are being taken which have an impact on people, such as those concerning pensions, insurance, or creditworthiness.

After leaving the EU, the UK will continue to play a leading global role in the development and promotion of appropriate data protection standards and cross-border data flows.

The UK’s data protection law will fully implement the most up-to-date EU framework, and this will remain the case at the point of the UK’s withdrawal from the EU.

It is essential to agree a UK-EU model for exchanging and protecting personal data:

  • to maintain the free flow of personal data between the UK and the EU
  • to offer sufficient stability and confidence for businesses, public authorities and individuals
  • to provide for ongoing regulatory cooperation between the EU and the UK on currentand future data protection issues, building on the positive opportunity of a partnership between global leaders on data protection
  • to continue to protect the privacy of individuals
  • to respect UK sovereignty, including the UK’s ability to protect the security of its citizens and its ability to maintain and develop its position as a leader in data protection
  • to not impose unnecessary additional costs to business
  • is based on objective consideration of evidence

Read more details at:

The exchange and protection of personal data (pdf)