Our current Brexit options and the consequences for UK data protection law

EU leaders are due to meet today (1700 GMT) for an emergency summit dedicated to Brexit at which it is rumoured that they will grant an extension to the UK’s departure from the EU.  The infographic below sets out the possible Brexit options and what this might mean for UK data protection law. 

Until we have some clear answers on what Brexit will look like and when it will happen, it’s hard to prepare but for many organisations, part of their business continuity planning will involve examining the available transfer instruments and the relevance of any changes to the Privacy Shield Framework.  In a post Brexit scenario, we will be looking to the EU for a finding of adequacy but it remains to be seen as to where that will feature on the priority list given the vast impact of Brexit.

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About the author:

Rowena Rix is a qualified and practising lawyer, dual qualified as a process improvement professional (certified as a Black Belt in Lean Six Sigma). Her area of legal expertise is in regulatory litigation and data protection.  Rowena regularly advises regulatory bodies and organisations in relation to data protection compliance, blending that advice with the delivery of process improvement projects directed at optimising legal processes for improved service to and access for all interested parties.  Rowena operates within Kingsley Napley's cross-practice groups which provide specialist data protection compliance and enforcement advice.