Brexit & UK Data Protection law: What happens if there’s a ‘No deal’? | Hudson McKenzie

Brexit & UK Data Protection law: What happens if there’s a ‘No deal’?

The UK Government has recently outlined exactly how the UK Data Protection law currently in place will be impacted if the UK leaves the EU with a ‘No Deal’ status.

The Department for Digital, Culture, Media & Sport recently provided a notice with further details upon regarding specifically the status of the EU (Withdrawal) Act 2018 (EUWA) which ‘retains’ the General Data Protection Regulation (GDPR) within UK law.

Under the EUWA, the UK Government aims it use ‘regulation-making powers’ so to ensure that the UK Data Protection Framework currently in place remains the same and continues to ‘operate effectively’.

Some of the central aims of the regulations that could arise given a ‘No-Deal’ Brexit scenario, have been outlined as follows:

  • Continue the allowance of ‘Data Flows’ between EEA and EU Member states to the UK.
  • To Preserve the standards outlined in GDPR
  • For EU Standard Contractual Clauses (SCCs) to be continued to be recognised within the UK and simultaneously provide the ICO with powers to issue new clauses
  • To recognise all Binding Corporate Rules (BCRs) prior to Brexit

To find out more about this latest announcement by the UK Government, please click here.

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