In her evidence to the Culture, Media and Sport Select Committee
on 24 October, Secretary of State for the Department of Culture,
Media and Sport ("DCMS") Karen Bradley MP called out the
EU General Data Protection Regulation ("GDPR") as an
example of EU law that the government would opt into. At the same
time, the minister observed that there could be opportunities
post-Brexit for UK law to develop to help British businesses by
finding new approaches to the "burdensome" aspects found
in some EU laws, while maintaining adequacy and making sure British
businesses can still work with the EU.
The minister confirmed that coordination between the DCMS and
the Department for Exiting the European Union ("DExEU")
has been underway for a number of months. In particular, Ms Bradley
stated in relation to the GDPR's implementation:
"We will be members of the EU in 2018 and therefore it
would be expected and quite normal for us to opt into the GDPR and
then look later at how best we might be able to help British
business with data protection while maintaining high levels of
protection for members of the public." The minister also
"That is where I see the opportunities, because I think
that there are some [EU legal measures] that have been burdensome
to British business and that we could find new approaches [to], but
we have to obviously maintain competitiveness within the EU. We
need to maintain adequacy to make sure that British business can
work with the EU, and we are looking for those opportunities to get
The Information Commissioner was quick to welcome the government's public
confirmation that the UK will implement the GDPR as "good news
for the UK", noting that public confidence in the protection
of information is an essential component for the successful growth
of the UK digital economy, which is growing year upon year (see
DCMS' Digital Sector Economic Estimates 2016).
The Information Commissioner, Elizabeth Denham, was quick to
welcome that there is still some uncertainty as to how the GDPR
will work in the UK upon the UK's departure from the EU, but
stresses that preparing for compliance with the GDPR in time to
meet its May 2018 commencement should outweigh any concerns about
post-Brexit changes (should there be any).
The fourth and final part of our mini-series on the draft ICO guidance on Consent, published on 2 March 2017, focuses on the practical impact the GDPR (General Data Protection Regulation) will have on how your organisation records and manages consent.
In light of the much anticipated ICO draft GDPR (the General Data Protection Regulation) Consent Guidance being published yesterday, 2 March 2017, we will be running a mini-series on the guidelines under consultation and the impact the GDPR will have on the much vexed position of consent and the impact on your business.
The first of our four discussions on the ICO guidelines for Consent will focus on the meaning of consent under the GDPR (General Data Protection Regulation) and how this change enhances the previous law on consent to data processing.
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