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GDR: UK seeks to shore up ICO powers post-Brexit

Posted on 03 May 2019

Mishcon de Reya Data Protection Advisor Jon Baines has been interviewed by Global Data Review on the ICO's enforcement powers post-Brexit:

The UK government has proposed requiring overseas digital service providers to designate a local representative after the country leaves the EU in a bid to maintain its data watchdog’s authority.

The UK’s Department for Digital, Culture, Media & Sport opened a consultation on the UK’s proposed approach to the regulation of non-UK established digital service providers on 16 April.

The consultation follows the DCMS’ December guidance, which said that it will require data controllers based outside of the UK to appoint a representative within the country after Brexit. Jon Baines at Mishcon de Reya in London said that this was not an unexpected move from the government and that it should not meet a great deal of resistance. “Although the sanction regime under the NIS regulations is potentially serious, it is procedurally quite complex and lengthy, requiring the serving … of an enforcement notice before any penalty can be imposed.”

For this reason, and because no such sanctions have yet been imposed, the regulations have not gained a great deal of prominence. If enforcement turns out to be robust, this might change,” Baines said.

Read the full article in Global Data Review here.

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