Post-Brexit data protection in the UK - leaving the EU but not EU data protection law behind

Abstract

The UK's departure from the EU tested the EU's influence as a trade power and regulatory influence in the field of data protection. This chapter will confirm that an adequacy decision provides the EU with a legal instrument to extend its data protection influence beyond its borders by directly compelling third country applicants to adopt and maintain similar standards, but that but that the EU also uses its 'trade power' to induce compliance. It will conclude that the UK's continued alignment with EU data protection law and application for an EU-UK adequacy decision is early evidence that the EU has, through GDPR adequacy assessments, the potential to achieve its goal of becoming the 'global digital gold standard of data protection,' but that it is contingent upon the GDPR continuing to meet the regulatory needs of data controllers and processors. Hence, the UK has left the EU but not EU data protection law behind, for now, at least