International Data Transfers in the UK’s Data Protection and Digital Information Bill

Memo to the Minister 2

03 October 2022

Norton Rose Fulbright, London

Overview

Roundtable for companies and their advisors to be briefed by the DCMS policy team on the International Data Transfers parts of the UK Data Protection and Digital Information Bill.

Date: Monday 3 October 2022
Times: 09.30 to 15:00
Location: Norton Rose Fulbright, London
CPE Credits: up to 4

This event will provide insights into both the government’s strategy and the ways that the DCMS team is conducting discussions with counterparts across the world to fulfil its aim of an independent international data policy. The output will be the participants’ feedback and constructive comments to Julia Lopez MP, the DCMS Minister, at this crucial period when the Bill is expected to start its passage through Parliament.

There is a balance to be struck between making the most of Brexit opportunities and risking the UK’s valuable EU adequacy declaration. To what extent will UK policy decisions lead to UK diversion from compatibility with the EU GDPR?

This interactive Roundtable will provide you with your best opportunity to receive an update from DCMS policy advisors on how they are forging an independent UK international data policy so you can review the legal basis for your data transfers to different jurisdictions accordingly. With the government’s promise of announcements on data transfer agreements with the Top 10 jurisdictions by the end of 2022, you can expect to learn both about the big picture and progress on delivering agreements with specific jurisdictions.

Programme

	Roundtable Programme
09.30	Registration and Coffee
10.00	Framework for assessing adequacy of third countries UK Policy approach and rationale for assessing adequacy Assessing adequacy under the current UK regime using the UK Manual Template and Manual Guidance versus the EU WP29/ EDPB referentials and the EU process The DCMS’s relationship and ways of working with the ICO and Parliament on adequacy
11.30	Break
11.45	Specific updates under the UK’s adequacy programme Update and reflections on ongoing assessments and priorities Reflections on wider global trends and developments Relationship with the EU and EU-UK adequacy Relationship between this exercise and the countries included in the International Free Trade Agreements concluded since 2019 Which narrower adequacy findings are contemplated: for example, by state, by sector, by specific recipient Other international initiatives DCMS’s view of, and participation in, APEC and Global Cross-Border Privacy Rules DCMS’s views on other multilateral and international initiatives (e.g. OECD work on Trusted Government Access to Data)
13.15	Lunch after which the DCMS and ICO participants depart
14.00	Confidential exchange of practical experience Raise the issues which concern you. For example: Have any of your international transfers been suspended? (e.g. Google Analytics) Experience of carrying out any Transfer Impact Assessments? Which non-adequate countries do you worry about apart from the US? Are you using Standard Contractual Clauses? Have you used or are you planning to use Binding Corporate Rules? Which other export regimes are you dealing with which pose difficulties?
15:00	Close

Format

Each morning session will follow this format:

A statement of up to 10 minutes from the DCMS speakers explaining how the Bill tackles each aspect of international data transfers, in short, the rationale for change, the context for understanding the policy decisions taken by the DCMS policy team.
A specialist lawyer from Norton Rose Fulbright may respond briefly to the DCMS opening statement.
Discussion opens to all participants.

We will invite questions from the participants at least a week in advance of the event which will give the DCMS Team an opportunity to prepare responses on complex issues. We expect these written questions to be addressed before questions and comments are taken from the participants in the room.

Resources:

The government's consultation outcome, updated 23 June 2022, Data: a new direction - government response to consultation
Data Protection and Digital Information Bill

Output from the Roundtable

The output from this event will be a memo to the DCMS Minister, which will be drafted by host firm lawyers, in cooperation with Privacy Laws & Business, and provide to the DCMS and the ICO a record of the participants’ policy recommendations. This paper will not attribute comments to individuals nor their organisations but provide their sector if relevant to the context. This memo to the DCMS Minister will also be sent to all the participants, in both draft for comments and final form, so they know that their substantive views have been recorded and submitted to the DCMS.

Speakers

The speakers are DCMS policy advisors who have worked on developing government policy and will advise the minister, including:

Joe Jones, Deputy Director - International Data Transfers, Data Policy Directorate
Siddharth Bannerjee, Head of Europe Data Transfers Strategy & Expert Council, International Data Transfers
Adriana Mara, Europe Strategy Adviser, International Data Transfers
Ryan Jones, Senior Policy Adviser, International Data Transfers Reform