The government has noted that data flows account for a larger proportion of GDP  growth than traditional goods and therefore unencumbered data transfers are 'essential to the UK forging its own path as an ambitious trading partner.'  The UK is therefore seeking to assure the world that we are Brexit ready:

Ahead of the Data Protection Bill which is expected this month, the government has published a Statement of Intent for the future data regime.  While the EU General Data Protection Regulation (GDPR) will become law in the UK on May 25th 2018, the UK is leaving the EU in March 2019 and some asked what this means for compliance.  The Statement emphasises that the GDPR will be transposed into domestic law in order to ensure a smooth data-flow between the UK and EU, insuring there are no issues post Brexit. 

The UK will also secure an adequacy decision from the EU Commission confirming that it meets the EU's standards for data protection.  The UK has proposed that the UK and EU recognise each other's frameworks as satisfactory prior to the UK leaving the EU, for the purpose of continuing data exchange to provide business certainty.  This may be a custom relationship similar to the model for EU-US data exchange under the Privacy Shield (although the adequacy of the Privacy Shield is an ongoing issue).  

The government has also stated that it would like the UK Information Commissioner's Office to continue to play a role in EU data protection by establishing a regulatory dialogue in order to support cross-border commercial activity involving data sharing.

Download: Data Protection Update: UK, Canada and Russia

Originally published 15 September 2017

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