Mark Young and Jack Boeglin of Covington & Burling write:
Two sets of regulations aimed at readying UK data protection law for a post-Brexit world have been promulgated in recent weeks. These regulations, which were made pursuant to the EU (Withdrawal) Act 2018 (EUWA), will only come into force in most respects upon the UK’s withdrawal from the EU. Broadly speaking, these regulations are intended to preserve the status quo post-Brexit by (1) amending certain provisions of the GDPR to allow it to be retained as UK domestic law and (2) transitionally adopting certain key decisions of the EU institutions that, collectively, would allow for the continued lawfulness of personal data flows out of the United Kingdom where currently permitted under EU law. In both regards, these regulations are consistent with prior guidance from the UK Information Commissioner’s Office (discussed here).
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