Brexit Archives - Business Advice Spain

Brexit Spain Reciprocity Citizens rights

Posted on 23 September, 201924 April, 2020 by Business Advice Spain

Brexit is looming and things are getting serious. In this article: “Brexit Spain Reciprocity Citizens” it is set out that Spain threatens to prejudice the rights of UK citizens resident in Spain, if the UK doesn’t treat Spanish citizens resident in the UK in the same way. The principle of reciprocity: “You will do the same to me as I do to you”.

Decree Law for English residents in Spain

Spain has adopted a Decree Law which is to guarantee the rights of the English citizens in Spain after a “hard” Brexit. It however points out that the UK hasn’t done the same as yet, adopting the measures fro Spanish residents into law. That will have to be the case in order for Spain to apply the Decree Law to its English residents. On October 1st the representatives of the countries will meet again to “dot the Is”.

Numbers

However there are far more British (365K) living in Spain than there are Spanish (108K) living in Britain.

Registered British citizens resident in Spain – Source INE 1 January 2019 – provisional data.

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No-deal Brexit and Data Transfers. The EDPB issues a note of guidance.

Posted on 12 March, 201923 September, 2019 by Business Advice Spain

The European Data Protection Board (“EDPB”) has issued a note on how to approach overseas personal data transfers with the United Kingdom in case there would be a no-deal Brexit.

No- Deal Brexit

First of all what is understood under a no-deal Brexit? We explained that in our earlier post: what “a hard Brexit” actually meant. In short: if the UK and the European Union do not reach a Withdrawal Agreement before the 29 March 2019. There will be no transition period for the UK to leave the European Union in an orderly fashion. The UK will leave the EU with all current trading and regulatory links ending immediately as it departs.

EDPB on Data Transfers in case of a No- Deal Brexit

The EDPB distinguishes two possible transfers, those from the EEA (European Economic Area) to the UK and transfers from the UK to the EEA. Where it must be noted that if there is no deal, the EDPB does not have any authority over what the UK government decides with respect to the personal data of its citizens.

The start date for possible safeguards to be in place is 30 March at 00.00 AM.

Data Transfers to The United Kingdom

In case of a no deal, the transfer can only be made under (one of) the following safeguards:

– Standard or ad hoc Data Protection Clauses;
– Binding Corporate Rules;
– Codes of Conduct and Certification Mechanisms;
– Derogations (which can only be used of none of the above are in place).

If you haven´t got any safeguards in place yet, the most likely to use are the Standard Contractual Clauses. Those clauses cannot be negotiated and are therefore very quick and easy to apply.

The rest of the options are, although valid, more time consuming and it is doubtful that you will have these in place on time. However you can rely on these safeguards if you already had them in place.

Derogations are described in article 49 GDPR (the General Data Protection Regulation) and can be used if you don´t have other safeguards in place. But the issue with derogations is that they can only be used for punctual, non repetitive, transfers.

Preparation data transfers to the UK in case of a no- deal

The EDPB has identified five steps organisations should follow if the transfer to the UK:

identify what data processing involves a transfer to the UK;
determine the appropriate safeguard (which at this moment in time will probably be the Standard Contractual Clauses);
Implement that safeguard before the 30 of March (13 working days to go);
Update your internal documents and privacy notice to inform your Data Subjects.

Data Transfers from the UK

It is up to the UK government to decide on what measures should be taken when transferring personal data to the EEA. At the moment transfers may be effectuated as previously when the UK was still a member of the Union.

The entire note can be found here: EDPB on Data Transfers in case No-Deal Brexit.

If you would like to discuss what our Data Protection Officers can do for you, please contact us.

Brexit – what does “hard Brexit” actually mean?

Posted on 11 February, 201923 September, 2019 by Business Advice Spain

Background

The UK triggered Article 50 of the Treaty of the European Union on 29 March 2017.

As set out under that treaty, the UK has two years to negotiate a Withdrawal Agreement and framework for a future relationship with the EU before the point of the UK’s exit from the EU at 11pm GMT on 29 March 2019.

The EU and the UK have agreed a draft of this withdrawal agreement, but Theresa May faces big problems getting approval from the House of Commons for it.

Hard Brexit

A no deal scenario is one where the UK leaves the EU and becomes a third country at 11pm GMT on 29 March 2019 without a Withdrawal Agreement and framework for a future relationship in place between the UK and the EU.

In a no deal scenario there would therefore be no agreement to apply any of the elements of the Withdrawal Agreement described above. As such there will be no transition period and the UK will crash out of the EU at 11pm GMT on 29 March 2019, with all current trading and regulatory links with the EU ending immediately as it departs. This could be chaotic and carry a considerable risk for for the UK and EU member states.