The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

Chapter 4 (controller and processor)

This section has no associated Explanatory Memorandum

30.—(1) Article 36 is amended as follows.

(2) In paragraph 1, for “the supervisory authority” substitute “the Commissioner”.

(3) In paragraph 2—

(a)in the first sentence, for “the supervisory authority” (in both places) substitute “the Commissioner”;

(b)in the third sentence, for “The supervisory authority” substitute “The Commissioner”;

(c)in the last sentence, for “the supervisory authority has obtained information it” substitute “the Commissioner has obtained information the Commissioner”.

(4) In paragraph 3—

(a)in the opening words, for “the supervisory authority” (in both places) substitute “the Commissioner”;

(b)in point (f), for “the supervisory authority” substitute “the Commissioner”.

(5) In paragraph 4—

(a)for “Members States shall consult the supervisory authority” substitute “The relevant authority must consult the Commissioner”;

(b)for “a national parliament” substitute “Parliament, the National Assembly for Wales, the Scottish Parliament or the Northern Ireland Assembly”.

(6) After that paragraph insert—

4A.  In paragraph 4, “the relevant authority” means—

(a)in relation to a legislative measure adopted by Parliament, or a regulatory measure based on such a legislative measure, the Secretary of State;

(b)in relation to a legislative measure adopted by the National Assembly for Wales, or a regulatory measure based on such a legislative measure, the Welsh Ministers;

(c)in relation to a legislative measure adopted by the Scottish Parliament, or a regulatory measure based on such a legislative measure, the Scottish Ministers;

(d)in relation to a legislative measure adopted by the Northern Ireland Assembly, or a regulatory measure based on such a legislative measure, the relevant Northern Ireland department..

(7) Omit paragraph 5.