Loath as I am to doubt Dr Pounder, I am in agreement with Ibrahim.
The European Union (Withdrawal) Act 2018 ("EUWA") (as amended by The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 3) Regulations 2019) defines "Exit Day" as 31 January 2020. The EUWA will repeal the European Communities Act 1972 (ECA) on Exit Day. However Article 126 of the withdrawal agreement agreed between UK and EU on 17 October 2019 states that there shall be a “transition or implementation period” which shall start when the agreement enters into force and end on 31 December 2020. So clause 1 of the EU (Withdrawal Agreement) Bill inserts a new section 1A into EUWA ensuring that the EU treaties and other EU law continue to apply in the UK during the Implementation Period.
Crucially, paragraph 1(1) of Schedule 5 to the EU (Withdrawal Agreement) Bill provides that "Any provision in subordinate legislation made before exit day under…any provision of [EUWA]…which provides, by reference to exit day (however expressed), for all or part of that or any other subordinate legislation to come into force immediately…on exit day...is to be read instead as providing for the subordinate legislation…to come into force…on IP completion day".
So, basically, The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 now come into effect on 31 December 2020.
Jon Baines,
Chair,
NADPO
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