The European Commission has released a number of new papers outlining its position on Data sharing with the UK in the years leading up to, and after, Brexit. The documents propose that Britain be allowed to use data gathered before Brexit after leaving the EU, as long as it applies the same level of data protection. If it does not, then the data must be erased or destroyed. They also reveal that Britain’s access to “networks, information systems, and databases” will be ‘terminated’ at the point of its withdrawal.

This stands in stark contrast to the proposal put forward by the UK Government in August, suggesting an ‘adequacy’ agreement to ensure that the flow of data vital to businesses and law enforcement was not interrupted.

“The UK has played an important role in developing the EU’s approach to data protection, including by playing a full part in the negotiation of the GDPR,” it said. “After the UK leaves the EU, new arrangements to govern the continued free flow of personal data between the EU and the UK will be needed, as part of the new, deep and special partnership.

“The UK starts from an unprecedented point of alignment with the EU. In recognition of this, the UK wants to explore a UK-EU model for exchanging and protecting personal data, which could build on the existing adequacy model, by providing sufficient stability for businesses, public authorities and individuals, and enabling the UK’s Information Commissioner’s Office (ICO) and partner EU regulators to maintain effective regulatory cooperation and dialogue for the benefit of those living and working in the UK and the EU after the UK’s withdrawal.”

Fresh research from the Direct Marketing Association found that 76% of UK Businesses  want to retain access to the digital single market post-Brexit. Speaking to DIGIT, Chris Combemale, CEO of the DMA group, commented on the new papers.

“The EU’s current position is not just a threat to the UK economy, but to success of Europe as a whole,” he said. “Maintaining the free flow of data is essential for future growth both on the continent and in the UK. The EU’s paper starkly illustrated that not reaching an agreement on this issue poses a real risk to every data-driven business in the UK, which is to say almost every company.

“In August the UK Government set out a reasonable approach in its own policy paper, which clearly set out the plan to enshrine the GDPR into UK law providing a framework for the continued free flow of data across Europe.”

He also raised concerns over the fact that the papers make no mention of the status of the UK’s ICO – something that he believes is a ‘key issue’ in the negotionations.

“Furthermore, the EU’s attempts to restrict the UK’s ability to agree trade deals with other nations by removing separate data transfer protocols from future agreements is a threat to freedom and democracy,” he added. “The UK is already a global leader in the data-driven economy and unfettered access to the digital single market is important to its continued success, therefore the free flow of data between the UK and EU is a must for any future trade deal.”