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In addition to confirming today the Select Committee’s approval of the new Information Commissioner, as previewed in the last edition of Information Matters, the ICO last week issued the following Statement on the implications of Brexit for data protection:

The UK will continue to need clear and effective data protection laws, whether or not the country remains part of the EU.

The UK has a history of providing legal protection to consumers around their personal data. Our data protection laws precede EU legislation by more than a decade, and go beyond the current requirements set out by the EU, for instance with the power given to the ICO to issue fines. Having clear laws with safeguards in place is more important than ever given the growing digital economy, and is also central to the sharing of data that international trade relies on.

The short message is that the ICO have got no closer than anyone else to working out precisely how Brexit will impact (or not) the direct effect of the new GDPR, especially given uncertainty over timescales. But the smart advice remains that the direction of travel for data protection law in the UK is the same as for the rest of Europe – at least until Parliament, assuming it is able to, expressly tells us otherwise.

If you require further information on anything covered in this briefing please contact Owen O'Rorke (owen.o'[email protected]; 020 3375 7348) or your usual contact at the firm on 020 3375 7000.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP,  April 2016

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