The committee on civil liberties of the European Parliament has analysed the impact of Brexit on its fields of competence and, despite the many opt-outs of the United Kingdom in matters of justice and home affairs, and the fact that it is not a member of the Schengen zone, has drawn up a list of dossiers that could be affected, even though the impact will be limited to a considerable extent, it writes.
On the general protection of personal data, which was the subject of a reform adopted in 2015, for instance, the committee notes that Brexit will not mean that British companies are no longer subject to European rules, as the new general regulation on the protection of data (applicable to businesses and administrations) applies to all actors operating in the EU and relating to the data of European consumers.
This means that even if they do not have offices in the EU, British companies will have to appoint a representative in the EU, the committee writes. Transfers of personal data between the EU and the third country that the United Kingdom will then be must correspond to international standards and the Commission's practices with third countries. If the matter is not resolved during the divorce proceedings, there will have to be either an adequacy decision or an alternative instrument, such as contractual clauses between EU businesses and British businesses, or a 'Privacy Shield' type instrument, such as the one in place with the United States, which has been deemed adequate by the Commission.
On asylum, as the United Kingdom will be bound by the Dublin Regulation, which organises the member states' responsibility for processing asylum requests, until it leaves in 2019, the committee states that London will have to come back on board the revised regulation, but in the same capacity as the associated countries such as Switzerland, Norway and Iceland, which are also in Dublin, and that it will also have to re-join the new Eurodac system on the digital fingerprints of asylum seekers.
On this asylum dossier, the committee states that an interim regime will be necessary for asylum applications and procedures of transfers of asylum seekers carried out under Dublin once the divorce is finalised. This regime would have to have a time limit on it.
Interim agreements may also be necessary for the Eurodac regulation and would include a precise timetable for the UK's right to access and consult data, provisions on the early removal of data and data-marking and the budgetary contribution of the United Kingdom to the functioning of the system. The United Kingdom will also have to give up its seat on the board of the EASO (an interim arrangement may prove necessary, which would include the UK's budgetary contribution to the functioning of the EASO during the interim period).
The UK recently opted into the new Europol regulation. Interim provisions will be required after Brexit on the UK's seat on the board and (potentially) as to whether the UK may continue to have access to the Europol database.
Interim provisions will be necessary for the UK's access to the EU's information exchange systems for law-enforcement purposes (such as the SIS II, ECRIS or PNR records). Furthermore, access to the EU's databases will require appropriate provisions on how the UK will be subject to the supervision and arbitration of the EU institutions. The interim provisions would also have to fully respect Community data protection legislation.
Lastly, on the sensitive issue of the freedom of movement, which dominated the referendum campaign, and on Directive 2004/38/EU, currently applicable in the United Kingdom, the divorce agreement would have to include provisions on the status of EU citizens resident in the United Kingdom and British citizens' resident in the member states of the EU, the committee notes. Interim measures could be taken in order to avoid legal uncertainty post-Brexit along with provisions on whether the rights of freedom of movement would be retained.
See: http://bit.ly/2kAWZaU (Original version in French by Solenn Paulic)