New withdrawal agreement clarifies the impact of Brexit on data protection and data flows between UK and EU

16 Nov 2018

The new draft agreement indicated that the UK will continue applying EU data protection laws during the transition period and remain under the jurisdiction of the European Court of Justice. As reported by Bloomberg, the EU is expected to start the process for adopting an adequacy decision for the UK immediately after it will have left the European Union, aiming to "adopt decisions by the end of 2020, if the applicable conditions are met”.

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Privacy and data protection are two interrelated Internet governance issues. Data protection is a legal mechanism that ensures privacy. Privacy is usually defined as the right of any citizen to control their own personal information and to decide about it (to disclose information or not). Privacy is a fundamental human right. It is recognised in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in many other international and regional human rights conventions. The July 2015 appointment of the first UN Special Rapporteur on the Right to Privacy in the Digital Age reflects the rising importance of privacy in global digital policy, and the recognition of the need to address privacy rights issues the the global, as well as national levels.


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