Preiskel & CoPreiskel & Co
Preiskel & Co
  • Home
  • About Us
    • Diversity, Social Responsibility, and Pro Bono
  • Services
    • Corporate
    • Commercial
    • Regulatory
    • Competition & Antitrust
    • Data Protection, Privacy, and Retention
    • Intellectual Property
    • Dispute Resolution
    • Employment
  • Sectors
    • Telecommunications
    • IT, Technology, & Internet
    • Media and Broadcasting
    • Websites, Blogging, & Social Media
    • Film & Television
    • Gambling & Online Gaming
    • Leisure & Retail
    • Energy & Minerals
    • Cryptocurrency & Blockchain
    • Creative Industries
  • People
    • Daniel Preiskel
    • Ronnie Preiskel
    • Tim Cowen
    • Jose Saras
    • Robert Dougans
    • Tina Cowen
    • D A T Green
    • Karthyaeni Vittala
    • Mor Swiel
    • Ilanit Appelfeld
    • Charles Soden-Bird
    • Nick Bromfield
    • Stephen Dnes
    • Daniel Oakland
    • Robert Harvey
    • Martina Raciti
    • Matthew Fox
    • Joanna Coombs-Huang
    • Xavier Prida
    • Mark Clough
    • Stewart White
    • Hannah Leader
    • Peter Dally
    • Antony Corel
    • Sue Warwick
    • Galyna Carey
    • Stephen Hornsby
    • Claire Barraclough
  • International
  • Blog
  • News
    • Publications
  • Contact
Menu back  

UK National Data Strategy: a step further away from an adequacy decision under the GDPR?

October 21, 2020By Preiskel & Co

A drastic and “pro-tech” government policy paper to overhaul the UK’s data protection legislation is believed by the European Commission to be jeopardising future collaboration with the European Union.

The government’s new “National Data Strategy”, which vows a profound “transformation” of how data is used across the public sector, is expected to adversely affect the continued flow of data between the UK and EU Member States at the end of the Brexit transition period.

Key objectives of the National Data Strategy

The National Data Strategy documentation (available here) mentions that the government intends to “take advantage of being an independent sovereign nation to maximise strengths domestically” and that it will endeavour to “influence the global approach to data sharing and use”.

The paper lists the following five key “missions” to take advantage of the opportunities data offers:

  1. Unlocking the value of data across the economy.
  2. Securing a pro-growth and trusted data regime.
  3. Transforming government’s use of data to drive efficiency and improve public services.
  4. Ensuring the security and resilience of the infrastructure on which data relies.
  5. Championing the international flow of data.

The government is also keenly looking to expand the regulatory framework to establish the necessary mechanisms to “unlock the value of data across the economy”, as well as to update how data is managed, used and shared internally and across public sector bodies, to create an “appropriately safeguarded, joined-up and interoperable data infrastructure”.

Likely impact on the UK’s adequacy decision

The European Commission is for its part analysing whether the UK’s data protection legislation will be consistent with the GDPR and the law enforcement directive after 1 January 2021, which is the current regulatory framework that permits data flows between law enforcement agencies as well as across the health, entertainment, banking, insurance and tech sectors.

No. 10 still expects that a positive adequacy decision confirming the UK as an adequate country for data transfers can be reached by the European Union before the end of the year when the transition period ends. However, the UK government’s policy paper might delay such a decision in the short term given the latent expansion of investigatory powers that could have the potential of rendering EU citizen’s remedies useless in case of data breaches – in fact, this was a critical factor taken into account by the Court of Justice of the European Union in its recent decision to invalidate the EU-US Privacy Shield altogether.

At the time of writing, the two main obstacles which are likely to impede a positive adequacy decision for the UK are indeed the use of data by the UK intelligence agencies and the prospect of an “onward flow of data” to countries such as the US.

Please contact Jose Saras or Xavier Prida if you have any questions relating to the GDPR rules regulating transfers of personal data outside the European Economic Area.

The material contained in this article is only a general review of the topics covered and does not constitute any legal advice. No legal or business decision should be based on its content.

Latest blog posts
  • CMA announces investigation into Apple
    March 5, 2021
  • Council of Europe publishes guidelines on facial recognition
    February 26, 2021
  • Epic Games files antitrust complaint with European Commission
    February 22, 2021
  • Will the UK keep the VABER?
    February 16, 2021
  • CMA publishes Issues Statement in Liberty Global/Telefónica merger inquiry
    January 22, 2021
  • Epic Games, creator of Fortnite, launches claims against Google and Apple in Competition Appeal Tribunal
    January 21, 2021
  • European Commission proposal for Digital Services Act published
    December 15, 2020
  • Facebook faces antitrust lawsuits in the US
    December 11, 2020
  • CMA issues advice for Government on regulatory regime for tech giants
    December 10, 2020
  • New Telecoms Security Law Laid before Parliament for tougher Rules and Fines for Telecoms Companies
    November 25, 2020
  • New Ofcom Consultation on Copper Retirement
    November 23, 2020
  • European Commission releases draft new Standard Contractual Clauses
    November 19, 2020
The Preiskel Blog
  • CMA announces investigation into Apple 5 Mar 2021
  • Council of Europe publishes guidelines on facial recognition 26 Feb 2021
  • Epic Games files antitrust complaint with European Commission 22 Feb 2021
  • Will the UK keep the VABER? 16 Feb 2021
Preiskel news
  • Tim Cowen to speak at Mediaspace panel on 18 March
  • Tim Cowen gives exclusive interview to Mediaspace
  • English Speaking Union (ESU) educational charity appoints Danny Preiskel to its Board of Trustees
  • Law360 reports on Preiskel & Co dispute resolution team case Dynasty Company for Oil and Gas Trading v the Kurdistan Regional Government of Iraq and Dr Ashti Hawrami
Preiskel tweets
  • The @CMAgovUK announces investigation into @Apple. Find out more here: https://t.co/YQVNzqRMb5 #CompetitionLawyesterday
  • Chair, Antitrust Practice, @TC_4KBW to speak at Mediaspace (@wr_mediabrowser) panel on 18 March. Find out more here… https://t.co/MyxH8lidZg2 days ago
  • Chair of our antitrust practice, @TC_4KBW has given an exclusive interview to Mediaspace @wr_mediabrowser Find out… https://t.co/6Ioii4cf9t3 days ago
Preiskel & Co LLP
4 King's Bench Walk,
Temple,
London
EC4Y 7DL
United Kingdom

Tel:
+44 20 7332 5640
Email:
info@preiskel.com

Find us on:

TwitterLinkedinMail
© Preiskel & Co LLP 2021 | Site map | Legal notices | Privacy | Cookie Policy