The Government has published its plans to ensure the UK data protection framework continues to operate effectively in the event of a no-deal Brexit. 

It's the intention of the Government to use its regulation-making amend the GDPR and Data Protection Act 2018 regulations to:

  • Preserve EU GDPR standards in domestic law;
  • Transitionally recognise all EEA countries (including EU Member States) and Gibraltar as ‘adequate’ to allow data flows from the UK to Europe to continue;
  • Preserve the effect of existing EU adequacy decisions on a transitional basis;
  • Recognise EU Standard Contractual Clauses in UK law and give the ICO the power to issue new clauses;
  • Recognise Binding Corporate Rules authorised before Exit day;
  • Maintain the extraterritorial scope of the UK data protection framework; and
  • Oblige non-UK controllers who are subject to the UK data protection framework to appoint representatives in the UK if they are processing UK data on a large scale.

Further details will be published over the next few weeks. 

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