BREXIT

PLEASE NOTE: In connection with the amendment to the Act on the Residence of Foreigners effective from August 2nd, 2021, the website is currently under construction and is being continuously updated. Thank you for your understanding. 

 Česky

Implications of Brexit in the Area of Home Affairs

CITIZENS' RIGHTS

Based on the withdrawal agreement, there are no changes during the transition period on the existing rights of British citizens and their family members residing in the Czech Republic. After the end of the transition period, the citizens of the United Kingdom and their family members who have resided in the Czech Republic and continue to reside here after 31 December 2020 will retain all their existing rights associated with their stay in the Czech Republic. In order to preserve these rights, it is necessary to prove legal status in the Czech Republic, for example, by holding the relevant residence document confirming temporary or permanent residence.

In this context, the Czech Republic published recommendations for the citizens of the United Kingdom of Great Britain and Northern Ireland and their family members residing in the Czech Republic who intend  to continue to reside here after 31 December 2020 (recommendation of the Ministry of the Interior of the Czech Republic for the Citizens of the United Kingdom of Great Britain and Northern Ireland in connection with the brexit (pdf, 114 kB).
 

POLICE COOPERATION

Cooperation of the Czech and UK law enforcement authorities during the transition period was (on the basis of the Withdrawal Agreement) regulated by the existing EU rules. Since January 1^st, 2021 the Trade and Cooperation Agreement is provisionally applied instead; this Agreement covers e.g. use of fingerprint data, DNA profiles or data of air transport passengers. This Agreement also stipulates conditions for the cooperation between United Kingdom and EU agencies, such as Europol. In some areas, such as search for offenders, is the cooperation based on Interpol or international agreements and domestic rules.
 

PERSONAL DATA PROTECTION

The EU rules form the basis of data protection in both the Czech Republic and the United Kingdom. These rules continued to apply (on the basis of the Withdrawal Agreement) even after Brexit until December 31^st, 2020. Since January 1^st, 2021, a transitional provision of the provisionally applied Trade and Cooperation Agreement shall be used. According to this provision, transfers of personal data from EU to United Kingdom are not considered transfers to third country, unless UK changes its domestic data protection rules substantially or Commission adopts a decision on adequate protection of personal data in the UK. Personal data transfers between the Czech Republic and the United Kingdom are thus without changes for following six months as a maximum. The Czech Republic prefers to keep the data protection rules of the European Union and the United Kingdom as compatible as possible even after the end of the transition period and the transfer of personal data between the Czech Republic and the United Kingdom as simple as possible. Therefore it supports adoption of decision on adequate protection of personal data. However, the decisive factor in this regard will be the evaluation of actual level of protection of personal data in the United Kingdom which must be prepared by the Commission.

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