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Article 4 Application of enactmentsI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

All frontier control enactments shall for the purpose of enabling officers belonging to the United Kingdom to carry out frontier controls extend—

(a)

to France within a control zone, and

(b)

to Belgium within a control zone.

F1(1A)

F2The Equality Act 2010 shall apply to the carrying out by immigration officers of their functions in a control zone outside the United Kingdom as it applies to the carrying out of their functions within the United Kingdom.

F3(2)

For the purposes of F4Article 3 of the UK GDPR and section 207 of the Data Protection Act 2018 (“the 2018 Act”), data which is processed in a control zone in Belgium, in connection with the carrying out of frontier controls, by an officer belonging to the United Kingdom is to be treated as processed by a controller established in the United Kingdom in the context of the activities of that establishment (and accordingly F5the UK GDPR and the 2018 Act apply in respect of such data).

(3)

For the purposes of F6Article 3 of the UK GDPR and section 207 of the 2018 Act, data which is processed in a control zone in F7the United Kingdom, in connection with the carrying out of frontier controls, by an officer belonging to the Kingdom of Belgium is to be treated as processed by a controller established in the Kingdom of Belgium in the context of the activities of that establishment (and accordingly F8the UK GDPR and the 2018 Act do not apply in respect of such data).

F9(4)

In this article, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Annotations

Textual amendments

F1

Art. 4(1A) inserted (14.11.2007) by The Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/2908), arts. 1, 2(3)

F2

Words in art. 4(1A) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 9(3)

F3

Art. 4(2)(3) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 233 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F4

Words in art. 4(2) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(2)(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in art. 4(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(2)(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in art. 4(3) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(3)(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in art. 4(3) substituted (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 9(5)(a)

F8

Words in art. 4(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(3)(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F9

Art. 4(4) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 28(4) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Art. 4 comes into force on the date the Agreement enters into force in accordance with art. 1(1)