The UK Government has released a “Future Partnership” paper setting out its vision for UK-EU data flows post-Brexit. In particular, the paper anticipates seeking an early UK-EU agreement that each area’s data protection laws provide equivalent protection, which would allow data to continue to flow between the EU, the UK and other third countries post-Brexit. Continue Reading UK Government seeks EU equivalency for UK data protection law post-Brexit
With holiday season upon us, earlier this week Matt Hancock, the UK Government’s Digital Minister, announced proposals for a new UK data protection law. Previously covered on this blog here and here, little new of substance was announced, but in a slow news week, the announcement garnered significant UK media coverage and attention. Continue Reading UK’s Digital Minister announces changes to UK data protection law
Following the Government’s decision to include a revised data protection law in the Queen’s Speech last month, the House of Lords EU Home Affairs Sub-Committee reviewed the potential implications on national security, stability and public safety of the UK exiting the European Union without an agreement to ensure there is unhindered data flow between the two sides. The Committee issued a stark warning that it was “struck by the lack of detail” on how the Government would ensure that the UK data protection regime continues to allow data transfer with the European Union in a post-Brexit world.
A revised data protection law forms part of the new government’s legislative agenda for the UK. Key points in the Queen’s Speech on 21 June 2017 were that a new UK Data Protection Bill (the Bill) will replace the current Data Protection Act 1998; the new Bill will implement the EU General Data Protection Regulation (GDPR) in the UK (a fact that the party manifestos were silent on before the election); and the government intends to put the UK in the best position to maintain data sharing across the EU and internationally. These points remained unchallenged in the subsequent parliamentary debates, and the government’s express intention to implement the GDPR through national law in the UK was welcomed by many businesses. Continue Reading Proposal for a new UK Data Protection law
Following the result of the UK general election, the upcoming Brexit negotiations, which were due to start in over a week’s time, have now been thrown into doubt. Nevertheless, businesses are still analysing the impact that Brexit will have on both existing and future commercial contracts. This has led to businesses now exploring the possibility of incorporating a “Brexit clause” when negotiating a new contract or amending an existing contract that allows parties to renegotiate terms in the event of a defined Brexit-related event (i.e. the date of the UK’s formal withdrawal from the EU). Continue Reading Back to the business of Brexit – what’s a “Brexit clause”?
On 30 March 2017, Ofcom, the UK’s communications regulator, published its annual plan for financial year 2017/18. It also published its budget and work programme for the year. The changes identified by Ofcom in relation to its responsibilities, markets and technology and the legislative framework under which it operates provide a great snapshot of current industry trends and issues.
Taking these in turn:
On 30 March 2017, the UK’s Department for exiting the European Union published a white paper outlining its proposals for a Great Repeal Bill (GRB). Whilst superficially, this appears to bring clarity to the legal position after Brexit, on closer examination the GRB proposal over-simplifies the position and glosses over the very significant legislative (and consequential business) problems that will arise from the UK’s departure from the EU in the absence of a comprehensive and detailed free trade agreement between the UK and EU to enable many of the existing business arrangements to continue. Whilst much of the press commentary has focused on the impact of Brexit on the financial services sector, the same issue, disruption of existing business models as a result of leaving the single market, arises in almost every other sector of the economy, and certainly in the telecoms, media and technology sectors.