How will Brexit affect data protection & the GDPR?31 Aug 2016
In our final article in the series looking at how the UK’s departure from the European Union could have legal implications for Commercial Contracts, Kuits’ Commercial and Intellectual Property partner Martin Lewis walks you through the potential impact on Data Protection (DP) and the General Data Protection Regulation (GDPR).
– All businesses need to comply with DP legislation, which is currently significantly harmonised with the EU.
– The global economy is now very data-reliant, so if the UK wants to remain competitive on the global stage, it will still need to maintain a credible UK DP regime.
• Potential issues:
– Ultimately the UK DP regime may steadily depart from the EU approach post-Brexit.
– Which may result in pan-EU businesses having to comply with multiple regimes.
– However, query how much real scope the UK has to diverge in this key area – can the UK afford to lose its “safe data/adequacy” status, which might then prevent it receiving (and therefore trading in) data from the EU?
– Also crucially (and prior to Brexit), the new GDPR will kick in on 25th May 2018.
• Things to do now:
– You’ll need to comply with the GDPR in the meantime, so check your readiness to comply and take urgent steps wherever necessary.
– Bigger fines, right to be forgotten, privacy by design, consent changes are all major GDPR changes to the existing Data Protection legislation.
• Things to watch out for in the future:
– Monitor changes in UK DP laws/regulations and regulators.
– Respond to future changes to ensure continued compliance.
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