February 25
2021
Anjum Shabbir
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23rd February 2021
Data, Tech & IP External Relations & Trade Human Rights Institutional law

European Data Protection Supervisor: data protection provisions should be non-negotiable in international trade agreements

The European Data Protection Supervisor (EDPS) has published an Opinion today with the view that the EU-UK Trade and Cooperation Agreement ‘fails to faithfully take over’ the EU’s provisions on cross-border data flows and data protection.

Under Article 57(1)(g) of Regulation 2018/1725, the EDPS is entitled to provide advice on legislative proposals or adopted measures on his own initiative or further to a request, where there is a potential impact on data protection rights. On the occasion of the signing of the Council Decision for the EU-UK TCA Agreements (and others), the EDPS was not consulted (Article 42(1) of the Regulation) - and the Opinion expresses that this is regretted, and hopes that this is an exceptional occurrence.<

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