REINO UNIDOLa nueva etapa del Brexit: nuevos cambios en España también

Abstract

From a simplistic perspective, EU–UK Trade and Cooperation Agreement (TCA) signed on 30th December 2020 only represents a mere extension of the transitional period of the Brexit in force while the UK was still part of the EU. However, the reality shows a quite different scenario, since the terminology is different and even the short-time rules imposed by the TCA, in practice, demand the implementation of pragmatic solutions for the medium-long term. The UK is no longer a member state of the EU and, thus, it is considered as a third country. This changes the way the data flows among the parties of the TCA might be qualified in the light of the CJEU case law (mainly Schrems II and Privacy International). Thus, in order to avoid the same fate of these cases and legal uncertainty, precautionary measures should be adopted. Consequently, to stay on the safe side, Spanish processors and controllers who share data with UK controllers and processors should adapt their protocols, policies and contracts.