Never gonna give you up? The General Data Protection Regulation

Never gonna give you up? The General Data Protection Regulation

In the current post-referendum/pre-Brexit world there is plenty of speculation on the future of data protection in the UK.

New relationship with Europe, new rules?

For some, lowering the Union Flag in Brussels, folding it neatly into a diplomatic bag and hurling it into the hold of the next flight back to London, will give us the power to do what we want. We will have the power to draft our own data protection laws. We will have the power to draft our own international data transfer arrangements. We will, in effect, be able to take back control of our data protection laws.

What’s to stop us, for example, entering into a more flexible framework like the new EU-US Privacy Shield? This would mean, post-Brexit, we’d be free to transfer personal data to and from the other 27 member states of the EU without the pettifogging red tape of its new data protection regime, the General Data Protection Regulation (GDPR), which applies from 25 May 2018.

We could devise our own flexible, light-touch regime.

Game, set and match to the UK!

On the other hand

Others say that the only way forward is full compliance with the GDPR, or as near to full compliance as is humanly possible. No ifs and no buts: if we want to continue trading with the rest of the EU in some form, there is no alternative.

The reality is that the UK’s room for manoeuvre is limited for many reasons; some of which have been overlooked in the fog of war since the vote to leave the EU. In the battle to understand where our ‘troops’ are placed

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About the author:
Paul Caddy is a highly experienced lawyer and legal writer specialising in commercial law and information law. He qualified in 2000 at Osborne Clarke and subsequently moved to Laytons where he undertook a broad spectrum of work in commercial law. His experience also includes large projects work where he helped to set up the North West Fund, the largest venture capital fund of its kind in the UK and one of the largest public sector funds of its kind in Europe.