The UK government has taken steps to enable the sharing of personal data between the UK and the US, in accordance with data protection laws. This has been facilitated through a statutory instrument, creating what the government refers to as a “data bridge”. This means that data can flow from the UK to another country without requiring additional safeguards. The regulations are set to come into effect from October 12th, 2023, and it is expected that this will be a boon for UK businesses and organizations, allowing them to move personal data to certified organizations.
However, there are concerns about the future of this arrangement. Law firm Linklaters suggests that the fate of this new arrangement could be tied to challenges against data-sharing rules established between the EU and the US in July. The EU-US Data Privacy Framework is currently being challenged in the EU, and if it were to be invalidated, it could potentially impact the UK’s new regulations.
The UK government’s move is seen as a balancing act between maintaining an adequacy arrangement with the EU necessary for data sharing, while also allowing the UK the freedom to make its own deals. However, the outcome of challenges to the EU-US Data Privacy Framework could influence how successful this move will be. The UK’s adequacy status with the EU, approved in 2021, is under ongoing review by the bloc’s lawmakers.
In summary, while the UK’s new “data bridge” rules appear to be a positive step for businesses, they may face challenges ahead. The outcome of legal cases in the EU could have an impact on their viability and longevity.