The EDPS gives three key recommendations and warns that the EU should prepare for all eventualities.
The European Data Protection Supervisor has issued an opinion on the new partnership to be agreed between the EU and the UK after the transition period ends.
On 3 February 2020, the European Commission adopted a Recommendation for a Council Decision authorising the negotiations for a new partnership between the EU and the UK. On 12 February 2020, the European Parliament adopted a Resolution on the proposed mandate.
Such a partnership would be composed of three main parts:
The EDPS welcomes and supports the objective of the European Commission to conclude a comprehensive partnership with the UK, establishing a cooperation the essential elements of which should be in particular the respect for and safeguarding of human rights as well as the rule of law, affirming the parties’ commitment to ensuring a high level of personal data protection and fully respecting the EU’s personal data protection rules.
In view of the close cooperation that is expected to continue between the EU and the UK at the end of the transition period, the EDPS also welcomes and supports the European Commission’s commitment in its Recommendation to work towards the adoption of adequacy decisions, provided that the relevant conditions are met.
The EDPS aims to providing constructive and objective advice in relation to the envisaged partnership and the adequacy assessment. Its key recommendations in relation to the envisaged partnership are:
On the assessment of adequacy, the EDPS raises the following points:
The EDPS’ final recommendation is that the EU take steps to prepare for all eventualities, including where the adequacy decision(s) could not be adopted within the transition period, where no adequacy decision would be adopted at all, or where it would be adopted only in relation to some areas.