IDEAS home Printed from https://ideas.repec.org/a/aza/jdpp00/y2020v4i1p22-33.html
   My bibliography  Save this article

The end of the transition period: Implications for UK data protection after Brexit

Author

Listed:
  • Butler, Oliver

    (Research Fellow, Bonavero Institute of Human Rights, UK)

Abstract

This paper considers the implications for UK (United Kingdom) data protection after Brexit of the European Union (EU)–UK Withdrawal Agreement, the UK’s prospects of receiving, retaining and valuing a positive adequacy decision from the EU, and the decision of the Court of Justice of the European Union in Schrems II. It highlights that although these developments considerably narrow the scope for post-Brexit divergence from EU data protection law, there remain possibilities that cannot be dismissed as minimal. In particular, it cautions that the potential erosion of data subject rights post Brexit may disproportionately impact members of lower socio-economic groups and Black, Asian and Minority Ethnic individuals. Any adequacy decision will furthermore be subject to ongoing legal challenge and precarity. The UK Government is likely to engage in brinkmanship with the Commission and the CJEU regarding adequacy and its obligations in the Withdrawal Agreement. If the UK fails to gain, or loses, an adequacy decision, then the Standard Contractual Clauses will face a similar set of ongoing legal challenges. The picture is not a happy one.

Suggested Citation

  • Butler, Oliver, 2020. "The end of the transition period: Implications for UK data protection after Brexit," Journal of Data Protection & Privacy, Henry Stewart Publications, vol. 4(1), pages 22-33, December.
    • Handle: RePEc:aza:jdpp00:y:2020:v:4:i:1:p:22-33
    as

    Download full text from publisher

    File URL: https://hstalks.com/article/6062/download/
    Download Restriction: Requires a paid subscription for full access.
    File URL: https://hstalks.com/article/6062/
    Download Restriction: Requires a paid subscription for full access.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Keywords

    Brexit; Withdrawal Agreement; adequacy; Standard Contractual Clauses;
    All these keywords.

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:aza:jdpp00:y:2020:v:4:i:1:p:22-33. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Henry Stewart Talks (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.