The Department for Digital, Culture, Media & Sport has published a Technical Notice on how the collection and use of personal data would change if the UK leaves the EU in March 2019 with no deal. The Technical Notice is one of a series aiming to provide guidance on how to prepare for a no-deal scenario.
This Technical Notice takes the position that, in the event of a no-deal Brexit, there would be no immediate change in the UK’s own data protection standards. This is said to be because the Data Protection Act 2018 would remain in place and the European Union (Withdrawal) Act 2018 would incorporate the General Data Protection Regulation ((EU) 2016/679) into UK law to sit alongside it. On this basis, it is said that it would remain permissible to send personal data from the UK to the EU. The Technical Notice adds, however, that the UK government will keep the position “under review”.
For its part, the European Commission has taken the position that an adequacy decision cannot be made until the UK is a third country.
The UK government has said that it will continue to push for close collaboration between the Information Commissioner’s Office and EU data protection authorities.
The Technical Notice may be viewed here