This instrument uses powers under the EU (Withdrawal) Act 2018 (EUWA) to amend the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (“the Main Regulations”) in order to correct deficiencies in EU-derived data protection legislation as a result of the withdrawal of the UK from the EU. This will ensure that the legal framework for data protection within the UK continues to function correctly after exit day.
The instrument amends the transitional provisions of the Main Regulations to provide that transfers of personal data from the UK in reliance on Privacy Shield could only take place after 29 March 2019 in a no deal scenario, if the certified Privacy Shield company had a privacy policy which included a commitment to comply with the Privacy Shield Principles in relation to personal data transferred from the UK. This maintains consistency with arrangements prior to the UK’s withdrawal from the EU.
This instrument is intended to reflect the above arrangements by providing that UK personal data transfers can only take place to Privacy Shield companies whose privacy policies include a commitment to comply with the Privacy Shield Principles where the personal data is transferred from the UK.
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