GDPR - current international developments.

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Nick Stone, ARK Group conference producer writes about latest GDPR developments as part of the UK government negotiations on EU withdrawal

The EU’s existing arrangements for providing for data flows with third countries typically involve a decision of adequacy from the European Commission. Since the CJEU decision on the US-EU Safe Harbour agreement, a decision of adequacy will require the third country to provide protection of fundamental rights essentially equivalent to that provided in the EU.

Currently, The UK’s proposals accept that the EU will need to assess the adequacy of the UK data regime. The UK is asking for this to be on the basis of a two-way agreement—rather than solely a one-way decision of the European Commission—an international Treaty.

Yet, the public statements from Michel Barnier have consistently said that the EU will not share its regulatory autonomy with a third country. Moreover, The EU appears to consider the UK proposals to be an attempt to retain influence on the EU regulatory regime from the position of a third country.

The situation is complicated by the possibility of a no-deal Brexit. In short unless and until the Commission adopts an adequacy decision in relation to the UK (which is likely to take time as a formal legislative process is required) the UK will be in "data limbo" as regards the free movement of data into the UK from the EU.

These around cross border data and Brexit will be raised at the panel session of four practitioners at the ARK Group’s 14 November 2018 event.