UK Data Protection Post-Brexit: A "Cliff-Edge"?

Following the Government's decision to include a revised data protection law in the Queen's Speech last month, the House of Lords EU Home Affairs Sub-Committee reviewed the potential implications on national security, stability and public safety of the UK exiting the European Union without an agreement to ensure there is unhindered data flow between the two sides. The Committee issued a stark warning that it was "struck by the lack of detail" on how the Government would ensure that the UK data protection regime continues to allow data transfer with the European Union in a post-Brexit world.

The Committee highlighted the following issues:

• Competitive disadvantage. Any post-Brexit arrangement that leads to greater friction around UK-EU data flows could pose a non-tariff barrier to trade, putting the UK at a competitive disadvantage;