The UK’s Brexit White Paper on Data Protection

United Kingdom Prime Minister Theresa May presented a White Paper on the Future Relationship Between the United Kingdom and the European Union to the British Parliament in preparation for Brexit, currently scheduled for March 2019. The White Paper suggests that the UK intends to continue the flow of personal data between the UK and the EU using the EU’s adequacy framework. The UK also proposed ongoing cooperation between the EU and UK data protection authorities.

Specifically, the UK proposed that an agreement with the EU extend beyond the adequacy framework to:

1) Have a clear, transparent framework for dialogue and a stable relationship that can minimize the risk of data flow disruptions.

2) Create close regulatory cooperation and the possibility of joint enforcement actions between the UK’s Information Commissioner’s Office (ICO) and EU Data Protection Authorities.

The White Paper indicates that the United Kingdom is ready to begin preliminary discussions on an adequacy assessment so that the people can be assured that data flows will not be disrupted.

The White Paper also recognizes that the EU has recognized the importance of cooperation with the supervisory authorities of third countries, including with relevant privacy enforcement. It also recognizes that the GDPR indicates international cooperation mechanisms to facilitate effective enforcement should be developed.

The United Kingdom believes that that such cooperation is necessary to avoid complexity, duplication and barriers to the enforcement of data privacy rights across borders. They also believe it would reduce administrative burdens for businesses if the ICO had a continuing role between the EU data protection.

The European Union and Japan discussions of reciprocal adequacy appear to have taken about two years to reach an agreement, although they may have been complicated by their negotiation as part of a larger trade deal. Given that Britain has adopted GDPR and does not intend to revoke it, the negotiations could move faster. Nevertheless, the Brexit deadline for withdrawal is rapidly approaching, unless the UK and EU make a mutual decision to extend it.

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More Blog Posts from Clarip:

Prep for a GDPR Split via a No Deal Brexit
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EU Issues Opinions on Adequacy of Japanese Data Protections
EU and Japan Recognize Reciprocal Adequacy of Data Protection Laws