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Direct Access and Referral Barrister.
at St Pauls Chambers, Leeds & Gough Square Chambers, London

Will Brexit affect the new General Data Protection Regulation?

The new GDPR introduces a dramatic shake up of UK of data protection laws. It will introduce severe penalties for non-compliance and new concepts such as the right to be forgotten. The 60,000 Euro question is whether or not the GDPR will be the first casualty of today’s decision on Brexit, leaving the data protection industry in disarray.√جª¬ø

The main features of the new General Data Protection Regulations are as follows:

  • Introduction of the new ‘Right to be Forgotten’
  • Fines of 4% of global turnover or E20 million which ever is the higher.
  • Mandatory breach notification within 24 hours
  • The new right to Data Portability

Opinion is divided as to whether or not the Information Commissioners Office will persist with introduction of the new Regulations. One view is that as Article 50 has not yet been invoked, the new Regulations will come into force as originally intended on 25th May 2018.

However√جª¬ø today announced that the ICO have already announced that the new GDPR will not apply in the UK once it has left the EU. The ICO apparently indicated however that if the UK wanted to trade in the European single market it would have to prove ‘adequacy’ requiring an equivalent framework to be introduced in the UK in due course.√جª¬ø

This is the first example of how Brexit is causing uncertainty in the market. St Pauls Chambers are planning a joint seminar with Scott Robert and Short Richardson Forth LLP on Thursday 21st June. Please contact Nick Dolan for more information.

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