The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019

Document Number:2019 No. 919
 
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Statutory Instruments

Exiting The European Union

Broadcasting

Electronic Communications

Made

9 th May 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 Introduction

Citation and commencement

  1. —(1) These Regulations may be cited as the Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019.

    (2) They come into force on the later of exit day or the day after the day on which they are made.

    PART 2 Amendment of primary legislation

    Amendment of the Communications Act 2003

  2. In section 4(10)(a) of the Communications Act 2003(2) , after “Directive” insert “(whether before or after exit day)”.

    PART 3 Amendment of subordinate legislation

    Amendment of the Privacy and Electronic Communications (EC Directive) Regulations 2003

  3. —(1) Regulation 37 of the Privacy and Electronic Communications (EC Directive) Regulations 2003(3) is amended as follows.

    (2) In paragraph (1)(a) , for the words from “implementation” to the end substitute “implementing provisions”.

    (3) After paragraph (1) insert—

    “(1 A) “The implementing provisions” means the provisions contained in or made under an Act that were relied on by the United Kingdom immediately before exit day to implement the Directive, so far as those provisions remain in force.”

    (4) Omit paragraph (2).

    (5) In paragraph (3)(a) , for the words from “implementation” to the end substitute “implementing provisions”.

    PART 4 Amendments of retained direct EU legislation

    Amendment of Commission Regulation (EU) No 611/2013

  4. —(1) Commission Regulation (EU) No 611/2013 on the measures applicable to the notification of personal data breaches under Directive 2002/58/EC of the European Parliament and of the Council on privacy and electronic communications is amended as follows.

    (2) In Article 2—

    (a) in the heading, for “competent national authority” substitute “Information Commissioner”;

    (b) in paragraph 1 , for “competent national authority” substitute “Information Commissioner”;

    (c) in paragraph 2 , for “competent national authority” (in both places) substitute “Information Commissioner”;

    (d) in paragraph 3 , for “competent national authority” (in each place it occurs) substitute “Information Commissioner”;

    (e) in paragraph 4—

    (i) for “competent national authority” substitute “Information Commissioner”;

    (ii) for “Member State concerned” substitute “United Kingdom”;

    (iii) omit the final sentence;

    (f) omit paragraph 5.

    (3) In Article 3—

    (a) in paragraph 3 , for...

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