While a range of outcomes, including a
departure under the terms of the current Withdrawal Agreement,
remains possible, it is important for businesses to plan for a
no-deal Brexit, in which the UK leaves the EU without a
withdrawal agreement or other deal. Here we look at the potential
impact of a no-deal Brexit and the adoption of the Withdrawal
Agreement on data protection compliance.
Sections 1-4 consider the position in a no-deal Brexit scenario,
while section 5 looks at the position in a deal scenario, where the
UK leaves on the basis of the EU/UK Withdrawal Agreement.
1. Legal framework
UK data protection law is governed by the General Data
Protection Regulation (GDPR), which came into effect across all EU
member states (including the UK) on 25 May 2018, and creates a
harmonised legal framework regulating the way in which personal
data is collected, used and shared throughout the EU.