The implications of a 'No-deal' Brexit for data protection in the UK

Journal article

A ‘No-deal’ Brexit will have important implications for international data transfers from the EU to the UK. It will both impose costs on and harm the competitiveness of many UK-based companies. However, a sharp “cliff-edge” for international data flows is less likely. UK-based companies will need to rely on Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs) for international data transfers from the EU in the event of ‘a No-deal’ Brexit. Many larger companies are likely to have already taken steps towards implementing such measures. In addition, very considerable progress has been made by the UK and third countries with EU adequacy decisions in their favour to ensure that international data flows are maintained.
The most significant implication of a ‘No-deal’ Brexit is in the medium term. A ‘No-deal’ Brexit makes it more likely that any attempt to seek an EU adequacy decision for future international data transfers for the UK will fail. This increases the prospect of weakening existing protections for the personal data of UK-resident data subjects both in the UK and abroad and in both the public and private sectors.

Authors: Butler, O

• Publication status: Published
• Peer review status: Peer reviewed
• Journal: Journal of Data Protection & Privacy
• Volume: 3
• Issue: 1
• Pages: 8-20
• Publication date: 2019-01-01
• EISSN: 2398-1687
• ISSN: 2398-1679
• Keywords: FFR