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Tuesday, January 26, 2021
After the political and constitutional upheaval of the last four years that has been Brexit, a trade deal the EU-UK Trade and Cooperation Agreement was finally reached between the United Kingdom (UK) and the European Union (EU) on December 24, 2020, just days before the deadline when the UK was set to crash out of all EU treaties.
Amongst the rules about how much fish a French fisherman can catch off the coast of Scotland and whether a vaccine approved in Denmark can be used in the UK, a number of well-meaning pronouncements were agreed regarding the use of personal data and its flow across borders.
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After the political and constitutional upheaval of the last four
years that has been Brexit, a trade deal-the EU-UK Trade and
Cooperation Agreement-was finally reached between the United
Kingdom (UK) and the European Union (EU) on December 24, 2020, just
days before the deadline when the UK was set to crash out of all EU
treaties.
Amongst the rules about how much fish a French fisherman can
catch off the coast of Scotland and whether a vaccine approved in
Denmark can be used in the UK, a number of well-meaning
Background
At 23.00 (GMT) on 31 December 2020, the transition period agreed
under the Withdrawal Agreement between the EU and the UK expired.
From that point, Regulation (EU) 2016/679, (the
GDPR ) ceased to have direct effect in
the UK. Whilst the UK has onshored much of the existing EU GDPR
legislation into UK legislation (
UK
GDPR ) the European Commission has not yet adopted an
adequacy decision in relation to the UK s data protection
regime.
As a result, any transfers of personal data from any EEA Member
State to the United Kingdom from 1 January 2021 onwards constitutes
a third country transfer which ordinarily requires EEA
data controllers and EEA data processors to implement certain
Summary
In spite of the holiday period, few will have missed the fact that the UK and the EU concluded a Trade and Cooperation Agreement on 24 December 2020. The Agreement provides a framework under which trade will take place following expiry of the transition period on 31 December 2020. “Personal data” is mentioned a mere 158 times in the 1265 pages of the document but there are some significant impacts in this area, as in so many others. This is the first in a series of blogs highlighting some practical data protection implications of Brexit, the end of the transition period, and the adoption of the Agreement.