Question to the Department for Digital, Culture, Media & Sport:

To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the effect on the free flow of commercially valuable data between the UK and EU of the UK leaving the EU without a deal.

Data flows are important to consumers and businesses, including start-ups, SMEs and large corporations, as the ability to collect, share and process personal data is crucial for the digital and wider economy. The free flow of personal data is an important underpinning feature of the UK’s and EU’s future relationship for both economic and security purposes. In no deal, it is in everyone’s interests that the exchange of personal data between EU Member States and the UK continues.

In no deal, given the degree of alignment between the UK and EU’s data protection regimes, the UK will transitionally recognise all EEA states, EU adequate third countries, EU and EEA institutions, and Gibraltar, as though they have been subject to an affirmative adequacy decision by the UK. This will allow personal data to continue to flow freely from the UK to the EU. The UK would keep all of these decisions under review.

UK and EU/EEA organisations should take steps immediately to mitigate the impact by implementing alternative transfer mechanisms to send personal data from the EU/EEA to the UK. Details of what alternative transfer mechanisms are available and how to make use of them are set out in guidance from the Information Commissioner’s Office and on GOV.UK.