Is UK still in the EEA? Now that Brexit happened, is UK still in the EEA?
As of 23:00 GMT on 31 January 2020, the UK is no longer a member of the European Union. But there is a 'transition period' or 'implementation period' until 31 December 2020. During this period the UK is 'in' the EU single market and customs union. For practical purposes it is 'in' the EEA until 31 December 2020. By the way, Switzerland is not a member of the EEA but it is in the EU single market.
I assume this refers to the case covered here: https://www.theguardian.com/technology/2023/may/22/facebook-fined-mishandling-user-information-ireland-eu-meta The gist is: Under GDPR you can only transfer personal data from inside the European Union to the outside if you have procedures in place that ensures it is still protected to European standards. Facebook was found to have failed in that regards, specifically when it came to access by US spy agencies. It seems indeed quite plausible that it is not possible to transfer personal data from the EU to the US in a way that is compatible with both EU and US law. The EU and the US are in negotiations to find a way to make this legally possible. But until then, it seems that if you do have a European subsidary and want to keep all of your account data in the same place, it needs to be a place with robust privacy protections. That doesn't require it to be in the EU, but something like US, Russia or China would be illegal.
Yes, it’s a treaty It’s a treaty between the Republic of Ireland and the United Kingdom of Great Britain and Northern Ireland which both countries have given force to in domestic law. It is also an agreement between eight Northern Irish political parties/groups.
No See section 1(1) Demise of the Crown Act 1901 : The holding of any office under the Crown, whether within or without His Majesty’s dominions, shall not be affected, nor shall any fresh appointment thereto be rendered necessary, by the demise of the Crown. [My emphasis]
Parliament derives its power from Britain's unwritten constitution, not from delegated royal prerogative. This certainly dates to at latest the Glorious Revolution. The Bill of Rights 1688 explicitly confirmed that the King has no power to dispense with laws, and the Case of Proclamations in 1610 established that the King could not legislate without the consent of Parliament. The ultimate authority in the UK is not the Queen, it's the Queen in Parliament (in other words, Parliamentary action with royal assent).
A law that conflicts with the Constitution is void The enactment of a treaty is still a law. Even though the US has a Constitutional mechanism for ratifying treaties, once ratified, they are the “law of the land”.
I skimmed the text of the act and didn't see anything about expiration, so that suggests that it doesn't expire. Normally such a provision would be prominent near the beginning or end.
Yes When personal data is processed in the context of an EU/EEA/UK establishment (for example, by a company with offices in the UK), then all these processing activities must fully comply with the GDPR, regardless of where the data subjects are located. For the UK GDPR: This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the United Kingdom, regardless of whether the processing takes place in the United Kingdom or not. For the EU GDPR: The GDPR applies to: a company or entity which processes personal data as part of the activities of one of its branches established in the EU, regardless of where the data is processed; or …