Brexit, international private relations and personal data protection: what now? Will the UK cease to be a 'safe country'?"

被引:0
作者
Ortega Gimenez, Alfonso [1 ]
机构
[1] Univ Miguel Hernandez Elche, Derecho Int Privado, Elche, Spain
来源
ANUARIO ESPANOL DE DERECHO INTERNACIONAL PRIVADO | 2019年 / 19-20卷
关键词
BREXIT; UNITED KINGDOM; DATA PROTECTION; INTERNATIONAL DATA TRANSFER;
D O I
10.19194/aedipr.19/20.02
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
On January 31, 2020, the United Kingdom left the European Union, formally. However, under the Withdrawal Agreement signed the United Kingdom has ceased to be a member of the European Union but must continue to apply, the Data Protection Regulation (GDPR) in matters of personal data protection, all data of interested parties outside the United Kingdom, that have been treated prior to the end of the transitional period (which ends, a priori, on December 31, 2020). This implies that, for the purpose of exporting data, the situation in the United Kingdom is comparable to that of a Member State, so that during the transition period the current GDPR is applicable; However, the situation will be completely different after the end of the transition period that will require both the United Kingdom and the European Union to prepare a new generation legal framework to meet the challenges in terms of personal data protection that the Current globalized environment demands. Leaving this area of "free movement of data" will imply that the United Kingdom will be considered as "third country". However, it is presumable that the Commission will grant it the status of a "safe country", given that it would inherit the regulation in force so far, developed and applied, just like the rest of the countries of the Union. However, there may be a period of time between the final separation of the European Union and the Commission's decision to consider the United Kingdom as a safe country, in which case, the movement of data that occurred in that period itself This could mean an International Data Transfer, and therefore, companies that hire data processing or hosting services in the United Kingdom may have to regularize these transfers for an indeterminate period of time. There is also the possibility that the EU reacts to Brexit with revanchism, and that, among the many obstacles that it puts to the United Kingdom is that of not recognizing it as a "safe country". If this were the case, it would fall into a de facto blockade, similar to the one we have been suffering since October 2015, when the Safe Harbor Agreement with the United States was annulled.
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页码:43 / 65
页数:23
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