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Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 - Motion to Approve

Part of the debate – in the House of Lords at 5:30 pm on 18th February 2019.

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Photo of Lord Adonis Lord Adonis Labour 5:30 pm, 18th February 2019

I seem to have misunderstood. I thought we had got clarity on this situation. While we are a member of the EU, a company needs to have only one representative in the EU—if I have got that right—whereas under the no-deal Brexit scenario, if the company is based in the UK and does business involving data exchanges or transfer in the EEA, it will need to have two. That is a very important point. It is not the case that the status quo will continue: there will be a fundamental difference once we are outside, because then we will be a third country as far as the EU is concerned. The reciprocal arrangements mean that UK businesses doing business on the continent will need to have a data representative in the EU and vice versa, which is not the case at the moment in respect of the EEA. Is that correct?