Brexit and personal datas : What consequences ?

 

Brexit has been decided in the wake of the referendum of June 23d, 2016. Negotiations are presently in progress to set the exit’s conditions of the UK. The question is how will be managed personnal data between UK and EU?

 

Data protection until Brexit will come into force

ICO (The Information Commissioner’s Office), the autority about data protection in the UK claimed that the regulation is applicable in the UK, from May 25th 2018 until the brexit will come into force. UK must follow the rules of the GDPR. Indeed, this regulation is applicable in the UK at once, there is no need to transpose in domestic law.

But the question is how the UK will protect data after the Brexit ?

 

High level of data protection

The UK confirmed that they will do everything to follow the requirement of the regulation. Britain law will be conformed to the GPDR rules, ministry said. But there is no projet, no real engagements. So far, ICO just mentionned on its website and on works a high level of data protection.

 

A collaboration between UK and UE ?

Britain Ministry suggests to create a deep collaboration, to assure stability to companies, authorities and citizens.

According to the UK, it would be in both EU and UK interests to allow open data circulation, based on mutual trust. If UK and EU don’t succeed to find an agrement, the UK would be considered as a third counrty, as any other country.

Thus, the idea of «  Privacy Shield 2.0 » starts to rise. This agreement between the EU and the USA allows compagnies to collect data in UE and transfert them to USA. This kind of agreement could be considered between UK and UE.

 

The stake of a collaboration

The economy of data is very important in our society. According to the minister in charge of Brexit, it should represent more than 643 billion euros in 2020.

The challenge of collaboration between the EU and the UK is therefore decisive, regarding economic considerations.

The will of an agreement resides in economic necessities, in order to preserve this growing economy.

 

So, the UK seems to be involved in the question of data protection. The Government wants to find an agreement with the EU, mosty for economic interest.

That means it’s likely that companies and citizens won’t see a big gap after the Brexit coming into force, about the managing of their personal datas.  The high level of protection would be respected by the UK.

A propos de Vincente LECOMTE

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