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MLex Market Insight

EU data-protection adequacy standards remain unaddressed, as UK hurtles towards Brexit

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 16 October 2020

⏱️ 19 minutes

🧾️ Download transcript

Summary

The future of data flows between the United Kingdom and the European Union in a post-Brexit world aren’t at the top of the agenda in negotiations between the two sides, but a failure to reach an agreement could have a significant impact on trade. The impasse centers on concerns by EU courts that the UK’s surveillance laws that allow for “general and indiscriminate” bulk collection of data are at odds with the EU’s data-protection rules. Meanwhile, provincial governments in Canada are so concerned about the shortcomings of the country’s federal data-protection legislation that they’re preparing to go their own way to meet the requirements of the EU’s sprawling General Data Protection Regulation.

Transcript

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0:00.0

Hi there, welcome back to Emnex's weekly podcast covering the top regulatory issues around the world.

0:16.3

My name is James Panicki from Emlex's Asia-Pacific team. It's great to be with you again.

0:21.6

Now, today won't be the first time that we've talked about the European Union's sprawling

0:25.8

data privacy legislation, the general data protection regulation or GDPR. Most recently we talked

0:32.0

about how the collapse of the European Union's privacy shield that allowed for data to flow

0:37.0

between the EU and the

0:38.5

US has reverberated around the world. Well today we're going to add to that discussion and

0:43.9

talk about how jurisdictions outside of Europe are gearing up to meet the GDPR's requirements,

0:49.3

something that has become critical for businesses needing to move data in and out of the EU.

0:55.8

Canada is offering an interesting case study on this with concerns over the limitations of

1:00.8

federal legislation, prompting provincial governments to find some solutions.

1:05.9

We'll talk that through with our senior correspondent Amy Miller in just a few minutes' time.

1:11.7

But in Europe, there's an even more pressing issue bubbling away at the moment. It won't have escaped your attention

1:16.5

that the UK has voted to leave the EU, and as a result, it will leave EU regulation behind.

1:23.5

That's all good and well, if that's your thing, of course. However, it brings with it concerns

1:27.9

over adequacy. If both sides want to maintain the flow of data once Brexit has kicked in,

1:33.9

they will need to ensure that their data protection regimes are, if not identical, at least

1:38.7

compatible. Our reporter in London, Jakub Kruper, has written a fine piece of analysis on this issue,

1:45.0

and he joins us now.

1:47.0

Jacob, firstly, remind me why it's so important for the future of the UK-EU trade relationship

1:54.0

to have data adequacy.

1:56.0

So basically what data adequacy is, is a determination made by the European Commission, whether

...

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