ESI Survival Guide Interview with Jonathan Armstrong: Data Transfers Post Brexit

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Cordery's Jonathan Armstrong was a guest recently on the ESI Survival Guide hosted by Matthew Knouff. Matt is an attorney and eDiscovery professional living and working in New York City.

It's a wide-ranging discussion including on data transfer adequacy decisions, UK data protection, GDPR, tips and tactics for those transferring data and the Schrems litigation. They also discuss Facebook dating, privacy and antitrust, French drones and some slightly off-topic differences between the US & UK too.

This interview was filmed on 4 February 2021. It pre-dates the EU draft adequacy decisions although Jonathan does predict them in this film. There is more information on the adequacy decisions at - https://bit.ly/brexadq​

The running order and topics are as follows:

00:00​ - ESI Survival Guide introduction & disclaimer
00:48​ - Introduction to Jonathan Armstrong
03:45​ - The UK-EU Trade & Cooperation Agreement & the politics of a UK adequacy decision
08:18​ - What could have happened if a UK adequacy decision was not reached?
11:06​ - What are the real differences between GDPR & "UK GDPR"?
16:15​ - The process to achieve an adequacy designation from the European Commission
19:26​ - How much solace does an adequacy decision give a UK corporation that transfers data?
21:47​ - The "double hop" & the heightened stakes of the cross-border eDiscovery conundrum
26:47​ - Binding Corporate Rules & Standard Contractual Clauses post Brexit & double due diligence
34:29​ - Using Standard Contractual Clauses post Brexit in more depth
37:49​ - Government surveillance, the "Data Wars" and the antitrust underpinnings of privacy
46:35​ - ICO enforcement of data protection law compared to EU member state enforcement
51:19​ - Appeals, reductions & the inconsistent nature of fines under the GDPR
56:01​ - The state of co-regulatory models of privacy protection
58:38​ - Jonathan's post-Brexit survival kit
1:03:53​ - Our discussion of The Great British Baking Show and some parting trivia
1:06:21​ - Outro

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