Fiona Boswell

Senior Associate, Head of Franchising and Commercial Services

Franchising


Data Protection post Brexit - Is the GDPR in or out?

Fiona Boswell

Following the Brexit decision to leave the EU businesses are left unsure about their data compliance requirements once we leave and whether the EU General Data Protection Regulation (GDPR) will continue to apply.  

We have mentioned in our earlier articles (“The Data Question”, “Serious about Data Protection”, “It is finally in”) how this will impact on businesses - but when we leave - will this still apply? 

Recently both the ICO and the Department for Culture, Media & Sport published statements and speeches that confirmed that if businesses want to  share data with EU member states or handle EU data, we will need to demonstrate adequate data protection measures  in line with those of our European counterparts. 

This means whether the GDPR stays in or is replaced by commensurate English legislation the principles of the GDPR will be reflected and businesses should not halt their preparation for its impact.  

Word to the Wise 

Ensuring that your business is data protection compliant is vital. Failure to address this issue leaves your business exposed to fines for non-compliance, bad publicity and potential problems with other regulators if you operate a business in a regulated sector.  

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