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The UK government on Wednesday introduced a Brexit bill aimed at rewriting parts of its EU withdrawal agreement, prompting urgent talks for the EU. The Northern Ireland Protocol, known as the Irish Backstop, was an annex to the November 2018 draft agreement outlining provisions to avoid a hard border in Ireland after the UK`s withdrawal from the European Union. The protocol provided for a provision of the safety net to deal with the circumstances in which satisfactory alternative arrangements were to come into force at the end of the transition period. This project has been replaced by a new protocol that will be described as follows. The draft Treaty on the European Union, published on 18 March, implements the positions expressed in the EU negotiating directives in several areas and provides further clarification. Parts of the text, such as Title VI of the second part on services and investment, closely follow the EU-Japan text and other EU trade agreements. Detail in some parts is limited. The third part of the draft treaty on law enforcement and judicial cooperation is consistent with the position set out in the EU negotiating mandate, which provides some additional details on the processes. It would provide access to fingerprint and DNA exchange mechanisms; PNR data exchange The exchange of operational information and information cooperation with Europol and Eurojust; Transfer (delivery); Legal aid Exchange of criminal records; Coordinating measures to combat money laundering and terrorist financing. It also sets out the data protection and human rights requirements that would under the basis of the agreement and provides for the suspension of the agreement in the event of non-compliance with the agreement. This implies that the United Kingdom continues to adhere to the European Convention on Human Rights and continues to apply the convention in national law.

On 6 September 2020, the Financial Times reported that the UK government was considering drafting new laws to circumvent the protocol of the Northern Ireland Withdrawal Agreement. [45] The new law would give ministers the power to determine which state aid should be notified to the EU and to define which products at risk of being transferred from Northern Ireland to Ireland (the withdrawal agreement stipulates that in the absence of a reciprocal agreement, all products are considered vulnerable). [47] The government defended this approach and stated that the legislation was in accordance with protocol and that it had only « clarified » the volumity in the protocol. [48] Ursula von der Leyen warned Johnson not to violate international law and said that the implementation of the withdrawal agreement by Britain was a « precondition for any future partnership ». [49] On 8 September, the Minister of Foreign Affairs for Northern Ireland, Brandon Lewis, told the British Parliament that the government`s internal market bill would « violate international law ». » [50] On 19 May, the UK Government published a draft 291-page comprehensive free trade agreement and nine other documents outlining specific questions about future relations. The European Commission published its draft « New Partnership Agreement » (440 pages) shortly after the start of negotiations on 18 March. After back-reacting to reports that Prime Minister Boris Johnson is considering ejecting important parts of the UK`s withdrawal from the EU, this round of negotiations could be the last chance to reach an agreement. The draft agreement covers all areas of the negotiations.

The most important thing for us is that the draft treaty contained provisions relating to the digital economy and data protection. These provisions ensure that the parties are committed to a high level of data protection and recognize the importance of promoting and protecting fundamental privacy and data protection rights.