Browsing by Author "Lawson, Laurence"

Never has there been a more interesting time to be invested in the actions of the European Union, it seems that the organisation is involved in nearly every event occurring on a global stage. Wherever an individual or business is based, the European Union is likely to have had some sway on their way of life. This paper seeks to tackle two of the hottest legal topics within the European Union, namely the General Data Protection Regulation, an overhaul of privacy law never seen before and Brexit, the United Kingdom’s impending departure from the European Union. As the relationship between the United Kingdom and the European Union is due to undergo a seismic shift, this paper will evaluate what will happen in terms of the flow of personal data between the two under several different scenarios. For the first part of this paper, I will assess the current situation, and how all parties find themselves in such a predicament. It will then consider the impact that Brexit and the General Data Protection Regulation have had upon each other as of this date, and what is to be expected of both before the United Kingdom’s formal departure from the European Union. This will provide a key oversight into the topic in question and assist in laying the groundwork for parts 2 and 3. In the second part, I will discuss the possible outcomes from what has been coined as a ‘soft Brexit’. For this, I will evaluate the current possibilities that bear some credence and use this, in tandem with agreements the European Union has struck with other nations for data transfers to provide insight into the likelihood of such an occurrence along with how such an aim can and could be achieved. For the third part, I will discuss the possible outcomes arising from what would be classed as a ‘hard Brexit’. In this section, I will continue the theme of looking at mirroring a deal the European Union has previously struck with one of its allies, the United States, along with the backups should such a system fail or not be deemed suitable. By looking into the potential transfer mechanisms where no other deal is in place, I will be able to assess the benefits and pitfalls of a British-based business implementing such a system when there is no agreement in place between governments. Finally, in the conclusion, I will review the discussed options, taking into account their likelihood, difficulty of implementation, and using statements from those in positions of power to provide insight into what is the most likely option, which options should be a preference, avoided, and considered. Following this, I will also provide my own, personal recommendation that has been garnered from the research and review of this paper to add further insight.