Boris Ignachkov Following Brexit, it was undetermined whether after the implementation of GDPR to UK laws, the EC would continue to allow for a continuation of smooth data transfers. However, in June 2021, the European Commission found the UK to have adequate data sharing laws. This meant that the UK would not need to implement Standard Contractual Clauses (SCCs).
Yet, the UK government now plan to relax its privacy laws and agree new data transfer agreements with countries. These new laws would differ from the GDPR but are said to be of the equivalent standard of the EU. They will supposedly be “innovation friendly” and allow for easy data sharing whilst eliminating “box ticking” measures from the EU. However, these “box ticking” rules are almost a fundamental part of such EU data law. They allow for individual autonomy and rules out any potential non-consent for data regulations. It will be a tricky balance for the UK to align these new laws with the EU if they want to continue with such measures.
If the EU do not agree with the new UK laws and decide to revoke adequacy, it will be a costly and timely process for the UK and businesses to implement data mechanisms. It seems an almost risky and unnecessary approach for the UK when the EU already have plans for more innovative and user-friendly data laws. These post-Brexit changes are likely to achieve nothing as the UK strives to separate itself from the EU, resulting in a negative impact rather than the freedom that was promised to Brexiteers.