Data Privacy: Challenges, Enforcement And Unification

Question one – Challenges

What do you see as the biggest challenges for data privacy in your jurisdiction during the next decade? Is technology a factor?

Uncertainty provided by Brexit extends to data protection. At the time of writing, the provisions of the GDPR are still in force. This position, however, may be liable to change as a consequence of Brexit.

While unconfirmed, the UK government has announced that it intends to adopt the provisions of the GDPR into domestic law following Brexit.

Further to the requirement for UK companies to comply with the future provisions of domestic law, the data protection position with the EU will also pose a significant challenge. This is because, if Brexit occurs, the UK will, as things currently stand, be deemed a third country for the purposes of data protection, which will require the implantation of safeguards or application of a derogation when UK and EU companies wish to transfer data to each other. This most