What happens to GDPR post Brexit?
Now that the transition period is over, as of 31st December 2020 and the UK has left the EU, where does this leave data protection laws in the UK?
The General Data Protection Regulation (GDPR) was drafted and passed by the EU. GDPR applies to the personal data of individuals and regulates how that data is used. Individuals have a right to be informed about how their data is used and can limit how organisations use it. GDPR outlines that six principles should be met:
- Data of individuals should be lawfully, fairly and transparently processed
- Data should be specifically and explicitly collected for relevant and legitimate purposes
- Data should be current
- Data should not be stored for longer than is necessary
- Data should be securely kept
GDPR provides for a high level of consent by the individual as to the use of their data, which in the current digital age is necessary. Every time we make a transaction, we share our personal data and this includes visiting a website, sending an email and making a purchase.
GDPR ensures that individuals must positively opt-in to receiving certain information from companies such as marketing material. It also makes it easier for people to withdraw their consent and give separate consent for separate things.
What is “data”?
“Data” relates to any information which can directly or indirectly identify an individual. This can include information that relates to factors such as: physical, mental, economic, cultural, social, genetic data which directly or indirectly links to an individual.
GDPR after Brexit
GDPR will be retained in UK law, however in order to determine that the UK is keeping in line with the regulations, what’s called an “adequacy agreement” will need to be put in place.
Adequacy is granted to non-EEA countries which will need to provide adequate levels of data protection to the standard which the EU provides. Other countries such as New Zealand, Israel and Japan have “adequacy” with the EU.
If adequacy is not granted to the UK by the European Commission, then the data that is transferred from the UK to and from the EEA will be more restrictive.
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The information provided does not amount to legal advice.