BREXIT PAPERS: Data protection in the event of a no-deal situation

BREXIT PAPERS: Data protection in the event of a no-deal situation

The government have produced a number of papers about what might happen if the UK were to leave the EU with a “no-deal” scenario.  The government remains adamant that a no-deal situation is unlikely to happen, but putting our boy scout hat on it’s best to be prepared.  The full list of papers can be found here:

https://www.gov.uk/government/collections/how-to-prepare-if-the-uk-leaves-the-eu-with-no-deal

This week we are specifically looking at Data Protection if there is a no deal scenario.

GDPR came into force in May 2018, at the time the government said that Brexit did not impact this and this is still considered to be the case:

  • The Data Protection Act 2018 will remain in place

  • The EU Withdrawal Act will incorporate GDPR legislation into UK Law.

However, the other side of it is that the  EU would have to agree that the amendments to the UK Law is compliant and then issue an “adequacy decision” to allow data to move between the UK and the EU.  The European Commission has stated that if it deems the UK’s level of data protection essentially equivalent to that of the EU then it would make an adequacy decision to allow the transfer of data between the EU and the UK without restrictions.  Given that the UK has said it will enshrine GDPR into UK law, this should be a given ... but, it’s politics!

The full guidance can be found here: https://www.gov.uk/government/publications/data-protection-if-theres-no-brexit-deal/data-protection-if-theres-no-brexit-deal

Rachael Savage