Brexit and GDPR - New Government Consultation on Data Rules

We look forward to seeing the Government’s newly announced consultation on the future of the country’s data regime to be published next month. The Culture Secretary has announced plans move away from E.U. data rules and replace them with a new “light touch” British framework.

https://www.gov.uk/government/news/uk-unveils-post-brexit-global-data-plans-to-boost-growth-increase-trade-and-improve-healthcare

Government Consultation.

Simplification is always welcomed to facilitate free trade, but at what cost to consumers and protection of privacy?

[1] Mr Dowden says that the Church of England warned that churches were being prevented from sending parish newsletters to advertise upcoming jumble sales because it risks being classed as marketing and therefore needs prior consent from recipients. This emotive example suggests that the planned consultation will touch on the need for opt-in consent to electronic marketing. However, this particular requirement doesn’t stem directly from the GDPR itself. GDPR has a reputation amongst some business leaders for creating a box-ticking approach and needless bureaucracy. Instead, it is the PECR that applies to electronic marketing.

Whatever the outcome, as some sources estimate that 75% of data from the UK flows to Europe [2], we hope that UK doesn’t inadvertently undermine the recently confirmed adequacy finding from the EU of its Data Protection Laws in the course of seeking to increase free trade.

[1] https://www.telegraph.co.uk/politics/2021/08/25/oliver-dowden-creating-data-laws-one-biggest-prizes-brexit/

[2] https://www.europarl.europa.eu/RegData/etudes/IDAN/2021/690536/EPRS_IDA(2021)690536_EN.pdf