Brexit – Data Protection Implications

The outcome of the UK's recent EU membership referendum has raised a host of questions on what will happen next following the UK's decision to exit from the EU. One major concern for businesses sending personal data to and/or from the UK will be the effect of Brexit on the data protection landscape over the coming years.

Timing

The timing of the UK's likely exit from the EU is significant as a major overhaul of existing EU data protection law is scheduled to come into effect in May 2018 with the commencement of the General Data Protection Regulation ("GDPR"). Given that the UK must serve a two year notice period under Article 50 of the Lisbon Treaty, the GDPR will most likely be in effect in the UK for a number of months (if not longer) before it exits the EU.