Cross-border data transfer

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. 
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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.

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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.

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