UK and U.S. Privacy Shield Guidance on Brexit
In light of the UK’s possible departure from the European Union (EU), currently scheduled for October 31, 2019 (“Exit Day”), the UK Government has passed the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) (No.2) Regulations 2019 (“Regulations”) which enter into force immediately before Exit Day.
Contemporaneously, the DOC has also published guidance requiring U.S. Privacy Shield participants to update their public commitments (e.g., privacy policies) to comply with the Privacy Shield to expressly state that such commitments extend to personal data received from the UK, upon reliance on the Privacy Shield. The DOC requires Privacy Shield participants to make such amendments to their privacy policies prior to Exit Day.