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09 June 2016 / Mark Surguy , Lauren Grest
Issue: 7702 / Categories: Features , Brexit , Profession , Data protection
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Brexit brainstorming: data privacy

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The idea of Brexit being a business-friendly dream may not hold up to the reality as Lauren Grest & Mark Surguy explain

The timing of the Brexit referendum has coincided with a tumultuous period for EU data legislation. First was the shock dissolution of the Safe Harbor agreement, then the draft of the General Data Protection Regulation (GDPR) was released and the proposed EU-US Privacy shield is still being debated by the Article 29 Working Group. With the threat of Britain exiting the EU, this adds another layer of uncertainty for businesses and law firms who rely on or need to transfer electronic data.

The most pressing data protection implication of a Brexit centres on the GDPR. Unlike the incumbent Data Protection Directive 95/46/EC which has to be implemented by each member state but may result in inconsistency between states, the GDPR will apply uniformly across all EU member states, with the aim of harmonising data protection laws as well as offering increased data protection measures for EU citizens. Should the UK leave

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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