Date: Wednesday, November 6, 2019
Time: 1:00 p.m. Eastern Standard Time
Duration: 90 minutes
The Brexit roller-coaster may be slowing down for a few weeks, but the ride continues to have hair-raising twists and turns. The British government and the EU have agreed to an extension until January 31 – sooner if an agreement can be reached – but so far, very few details have been announced regarding the effect Brexit will have on cross-border data transfers between the EU and UK, particularly if onward transfer to the U.S. is contemplated.
Within the EU, data will continue to flow relatively freely, governed by the General Data Protection Regulation (GDPR). The UK’s Information Commissioner’s Office has announced that it intends to continue business as usual by adopting nearly all provisions of GDPR into British law. But that does not guarantee that the EU will recognize the UK as having “adequate protections” to allow relatively frictionless data transfers, as Brexit will foreclose data subjects’ rights to be heard in EU courts, and any new agreement with the US involving onward transfer of data will likely jeopardize the UK’s standing. And then there is the whole question of where UK-based data controllers and processors will base their operations going forward, for the purpose of determining the appropriate “supervisory authority” if they continue to handle EU citizens’ data.
Researchers at University College London recently issued a rather bleak analysis for data flows under Brexit, and the Confederation of British Industry has warned that small and medium-sized businesses may suffer the most, as they are least prepared for the impact Brexit will likely have on day-to-day data collection and processing. Members of The Sedona Conference Working Groups 6 (International Electronic Information Management, Discovery and Disclosure) and 11 (Data Security and Privacy Liability) have been following Brexit developments closely, and while it is impossible to predict what will happen between now and January 31, we have scheduled a webinar for Wednesday, November 6, to bring you up to speed on events and their impact on day-to-day cross-border data transfers; data protection regulation and enforcement; and cross-border collection, processing, and transfer of data to meet litigation and regulatory requirements. We have assembled a panel of experienced practitioners representing a variety of viewpoints – U.S., UK, and EU attorneys; in-house counsel; and regulators – who will clarify the issues, map out a path forward, and answer your questions (time permitting).
Host and Moderator
Kenneth J. Withers
The Sedona Conference
Phoenix, AZ, USA