The House of Lords Library, which provides research and information services to Members of the House of Lords, has published a briefing on the Data Protection Bill (“Bill”) which sets out an overview of and reactions to the Bill (“Briefing”). The Briefing was prepared in advance of the Bill’s second reading in the House of Lords, which took place 10 October.
Some of the key points to note from the Briefing are as follows:
The Bill in the context of Brexit
The Briefing highlights the recommendations of the House of Lords European Union Committee that the government should:
- Pursue and maintain regulatory equivalence with the EU for data protection to ensure unhindered data flows between the UK and EU post-Brexit
- Seek an adequacy decision from the European Commission
The Committee noted that “stakes are high” because any post-Brexit arrangement that results in greater friction around data transfers between the UK and the EU could present a non-tariff trade barrier, putting the UK at a competitive disadvantage. It could also hinder police and security cooperation.
This is particularly relevant considering the estimate cited in the Department for Exiting the European Union’s government position paper that 75 percent of the UK’s cross-border data flows are with EU countries.
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