The General Data Protection Regulation (GDPR) will enter into force on 25 May 2018 and a vote to leave will mean that the UK will no longer be required to implement the new laws into its legal framework
The GDPR will, however, automatically apply to many UK organisations that offer goods or services to EU residents or monitor the behaviour of EU residents
A vote to leave will trigger a two-year negotiation period that will determine the UK's onward relationship with the EU. As such, data protection law in the UK will be in a state of flux for a period of time providing uncertainty to UK organisations
Two potential scenarios in the event of a vote to leave are as follows:
- UK leaves the EU and remains part of European Economic Area – the GDPR will still apply. This is because the four freedoms of Europe (the free movement of goods, capital, services and people) are incorporated into the European Economic Area agreement
- UK leaves the EU and there is no free trade agreement – the GDPR will not form part of the legal framework in the UK unless it is formally adopted by the UK government. The current Data Protection Act 1998 will remain in place until such a time that the UK amends its legal framework. In practice, however, the UK is likely to amend its current laws to a regime similar to the GDPR. This is because EU data transfers to the UK would not be possible without either (a) the Commission designating the UK as a 'safe third country'; or (b) the UK being subject to stricter requirements such as the United States
In any event, the ICO has issued a statement that "the UK will continue to need clear and effective data protection laws, whether or not the country remains part of the EU"
Please also visit our Brexit page for further implications should the UK vote to leave the EU
For infomation on our upcoming Data as an asset event on Tuesday 12 July, please click here
A Vote To Leave The EU Could Have Far Reaching Implications On Data Protection Laws
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