(This note is not part of the Regulations)

These Regulations make amendments to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419) (“the 2019 Regulations”). The 2019 Regulations made amendments to legislation in relation to the regulation of the processing of personal data, in particular in connection with the withdrawal of the United Kingdom (“UK”) from the European Union (“EU”).

These Regulations exercise the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (“the EUWA 2018”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d)) arising from the withdrawal of the UK from the EU.

Regulations 3 to 6, amend a number of references to exit day in the 2019 Regulations. The provisions being amended will come into force on IP completion day by operation of paragraph 1 of Schedule 5 to the 2020 Act. The changes made by this instrument ensure that their effects begin from IP completion day rather than exit day.

Paragraph (4)(e)(ii) of regulation 5 amends the 2019 Regulations following the adequacy decision made by the European Commission in relation to Japan and the declaration by the Court of Justice of the European Union in the case of Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (Case C-311.18) (“the Privacy Shield case”) that the Privacy Shield decision is invalid.