Diker Vanberg, Aysem and Maunick, Maelya. 2018. Data protection in the UK post-Brexit: the only certainty is uncertainty. International Review of Law, Computers & Technology, 32(1), pp. 190-206. ISSN 1360-0869 [Article]

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Abstract or Description

The EU General Data Protection Regulation was published in the Official Journal of the European Union on May 4 2016 and it will be binding on all member states including the UK, from 25 May 2018. This paper critically examines the implications of Britain?s exit from the EU on data protection law in the UK with a particular focus on the various trade models available to the UK such as the EEA model, the Swiss model, the free trade agreement as adopted by Canada, as well as the WTO model. Irrespective of the model chosen for exiting the European Union, the UK will adopt standards almost identical to the GDPR in order to remain a competitive actor in the global economy. Nevertheless, the paper contends that this does not necessarily suffice to secure an adequacy decision from the EU Commission. As clarified in the European Commission?s January 2018 Notice, if the UK and the EU cannot reach an agreement on data transfers bureaucratically burdensome requirements could apply to UK businesses. This adds to the prevailing uncertainty around Brexit.

Item Type:	Article
Identification Number (DOI):	https://doi.org/10.1080/13600869.2018.1434754
Additional Information:	“This is an Accepted Manuscript version of the following article, accepted for publication in International Review of Law, Computers & Technology. It is deposited under the terms of the Creative Commons Attribution-NonCommercial License (http://creativecommons.org/licenses/by-nc/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited.”
Keywords:	Brexit, GDPR, data protection, UK
Departments, Centres and Research Units:	Law
Dates:	Date Event 20 January 2018 Accepted 15 February 2018 Published Online 2018 Published
Item ID:	31303
Date Deposited:	02 Feb 2022 11:42
Last Modified:	03 Feb 2022 11:27
Peer Reviewed:	Yes, this version has been peer-reviewed.
URI:	https://research.gold.ac.uk/id/eprint/31303

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