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Free flow of personal data must be guaranteed post-Brexit

Insurance Europe has written a joint letter to the European Commission calling for legal certainty about the transfer of personal data between the UK, the EU and the European Economic Area (EEA) ahead of Brexit to avoid business disruption and adverse effects for European consumers.

The letter was co-signed by DigitalEurope, the Trans-Atlantic Business Council and the European Association of Craft, Small and Medium-sized Enterprises (UEAPME).

The letter says such legal certainty is best achieved through an adequacy decision under article 45 of the General Data Protection Regulation (GDPR), which means the Commission decides that the UK ensures an adequate level of protection for the transfer of personal data. Before such a decision can be made, the Commission first needs to launch the adequacy assessment process. The letter, therefore, calls for the launch of this assessment process as soon as possible. If an adequacy decision cannot be finalised in time, the letter urges the Commission to put an interim measure in place to allow for continuity in personal data flows until a full adequacy decision is adopted.

Considering the importance of personal data flows between the EU/EEA and the UK, Insurance Europe also sent a joint letter to the British authorities calling on them to ensure that the UK meets all the conditions for the Commission to issue swiftly an adequacy decision, and to implement a suitable legal solution that will allow continuity of personal data transfer from the UK to the EU/EEA post-Brexit. The letter was also signed by the Association of British Insurers (ABI), the Trans-Atlantic Business Council and UEAPME.

Published 30 July 2018
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