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Published 20 junio 2022
On Friday 17th June 2022, the UK Government published its eagerly awaited response to the “Data: a new direction” consultation.
As a reminder, the consultation (which ran from September – November 2021) sought views on a number of proposals to amend the UK’s data protection laws post-Brexit, with a particular focus on meeting the aims of the UK’s National Data Strategy. Almost 3,000 responses were submitted and have been considered by Government. The consultation response provides some clarity regarding the areas where we will (and, just as importantly, will not) see a move away from the requirements of the UK GDPR as part of the Data Reform Bill.
Key takeaways from the response
The Government proposes to make a number of changes to existing requirements including the following:
However, based on feedback, proposals will not be pursued in a number of areas including:
A key concern is the impact that any change in UK law may have on its status as an “adequate jurisdiction” for the purposes of data exports from the EU. We await commentary on the UK proposals from key EU institutions.
Many organisations will only just be beginning to feel comfortable that the requirements of the GDPR have been properly embedded and the prospect of reconsidering privacy frameworks in light of new legislation will likely feel daunting. This will be particularly true for those privacy teams who span both the UK and EU and will be faced with the dilemma of whether to deviate from existing policies in order to take the benefit of the proposals in the UK or maintain the simplicity of compliance with one standard across both the UK and EU. The approach will likely depend on how beneficial the reality of the amendments to the UK regime will be in practice.
Your DACB Data Protection, Cyber & Information Law team will be bringing you detailed analysis of the full consultation response, as well as sector specific commentary, to help you navigate this new chapter of data protection developments. The journey in a new direction begins!
Your DACB team:
London - Walbrook
+44(0)20 7894 6744
+44 (0) 20 7894 6492
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