March 12, 2018

The Government explains that in December 2017 it confirmed the joint UK and EU desire to establish a “deep and close future partnership.” Both parties also agreed, as part of the Joint Report published in December, that there were a number of areas relating to the UK’s separation from the EU where further discussion would be required to reach agreement. These issues were defined as “Other Separation Issues”, distinct from citizens’ rights, Northern Ireland and the financial settlement. The technical note sets out the UK’s proposed approach to these “Other Separation Issues”, which include the use of data and protection of information obtained or processed before withdrawal.

The technical note explains that in August 2017, the UK published a paper on The Exchange and Protection of Personal Data – A Future Partnership Paper, setting out the UK’s ambition for a future relationship with the EU on personal data. The UK remains of the view that in the majority of cases the end-state arrangements will provide for a smooth transition to a comprehensive future economic partnership for business and citizens and the effect of these wind down provisions will be minimal.

In September 2017, the EU published a paper on the Use of data and protection of information obtained or processed before the withdrawal date. The paper sets out a series of principles under which the UK can keep the data and information it received prior to exit from the EU.

The Government says that the UK and the EU should agree to continue to provide appropriate protections for data and information exchanged before exit and pursuant to the Withdrawal Agreement. The EU will process all UK data and information received prior to the date of withdrawal in accordance with EU law.

Further, the Government says, the UK has strong domestic standards, and will continue to play “a leading global role in the development and promotion of high data protection standards and cross-border data flows.” It is important to note, it says, that UK law will be aligned with EU law at the point of exit. The Government is progressing the UK’s new Data Protection Bill, which will replace the 1998 Data Protection Act so as to give effect to the EU’s new data protection framework (GDPR) and Law Enforcement Directive.

On this basis, the UK’s objective is to agree early in the process a basis for the continued free flows of data between the EU (and other EU adequate countries) and the UK from the point of exit until such time as new and more permanent arrangements come into force. The UK believes this is in the interest of both the UK and the EU. To access the technical note, click here.