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Brexit - How this will impact on UK Data Protection

Brexit - How this will impact on UK Data Protection

  • United Kingdom
  • Brexit
  • Competition, EU and Trade - Brexit
  • Privacy, data protection and cybersecurity

24-06-2016

Brexit and the legal implications for businessesImmediately following Brexit, the vast majority of data privacy and public access to information laws in the UK will continue unchanged. Some laws are purely UK with no EU foundation, such as Freedom of Information legislation. Other laws are already UK domestic laws and regulations (although they implement EU obligations). Also many EU concepts, even without being captured by UK domestic statute or regulation, are embedded into the UK body of law via case law. Changes to such laws (especially major changes) are unlikely and would need to be put into effect by new UK legislation.

The more challenging area is EU regulations, which may fall away, depending upon the repeal or amendment of the ECA. The new General Data Protection Regulation (“GDPR”) falls into this category. Practically, the UK will need to meet those higher EU personal data protection standards as otherwise personal data flows from the EU to the UK (assuming it is outside the EEA), will struggle to meet the ‘adequate safeguard’ standard required for those data transfers to be lawful.

In any event, UK businesses targeting or monitoring sales activity of EU citizens from the UK will be directly subject to GDPR with its new extra-territorial reach, whether or not the UK retains GDPR-like legislation. It is, therefore, very likely that the UK will adopt legislation to impose all or most GDPR obligations domestically in the UK despite Brexit. It is of note that the UK’s Information Commissioner is encouraging businesses and organisations to prepare for GDPR regardless of Brexit.

For more detail, please see our Brexit resrources on privacy and information

 

Visit our Brexit Legal Advice Hub for in-house lawyers

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