The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) (No. 2) Regulations 2019
| Year | 2019 |
2019 No. 485
Exiting The European Union
Data Protection
The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) (No. 2) Regulations 2019
Made 6th March 2019
Laid before Parliament 7th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
Citation and commencement
1. These Regulations may be cited as the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) (No. 2) Regulations 2019 and come into force immediately before exit day.
Amendment of the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019
2.—(1) In paragraph 102 of Schedule 2 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 20192, paragraph 5 of the Schedule 21 to be inserted in the Data Protection Act 20183by that paragraph is amended as follows,
(2) After sub-paragraph (3) insert—
“4 A transfer described in the decision specified in sub-paragraph (2)(l) may only rely on sub-paragraphs (1)(e) and (3) and that decision for the purposes of paragraph 4(1) if, at the time of the transfer, the transferee’s privacy policy with respect to the type of personal data transferred includes a commitment to comply with the Privacy Shield Principles where the personal data is transferred from the United Kingdom.
5 In sub-paragraph (4), “the Privacy Shield Principles” means the Privacy Shield Principles set out in Annex II to the decision specified in sub-paragraph (2)(l) (including the Supplemental Principles).”.
(3) Renumber the existing sub-paragraphs (4), (5) and (6) so that they become sub-paragraphs (6), (7) and (8) respectively.
(4) In sub-paragraph (6) (as renumbered), for “(5) and (6)” substitute “(7) and (8)”.
Margot James
Minister of State
Department for Digital, Culture, Media and Sport
6th March 2019
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the...
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