Technical note on Data Protection

This technical note is part of a series of papers produced by the UK negotiating team for discussion with the EU, and sets out options for future UK-EU cooperation on Data Protection.

A legally-binding data protection agreement between the EU and the UK will bring a number of important benefits to the EU:

  • improved legal certainty, stability and transparency
  • better cooperation on enforcement and investigations for EU citizens
  • cost savings and more efficient processes for EU businesses
  • benefits to EU regulators, citizens and businesses from ICO’s resource and

These are benefits that a standard Adequacy Decision cannot provide. They deliver better outcomes for EU citizens exercising their rights. They reduce the costs for EU businesses. They lower the risks of interrupted data flows. They avoid duplication of effort and decreased cooperation between regulators.

An agreement will not affect the EU’s ability to change its own data protection legislation, nor the EU’s decision-making autonomy. The UK is not seeking decision-making power over future EU laws, has no intention to impede EU policymaking in data protection, and respects the fact that certain EU bodies are subject to CJEU jurisdiction.