Insights Ukie says Government must secure a data adequacy agreement with the EU to ensure free flow of data after Brexit

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Ukie says that since the referendum, it has “repeatedly and consistently” stressed the importance of securing a data adequacy agreement to ensure the free flow of data between the EU and UK.

Ukie reports that on 23 October in the House of Commons, the Minister for Digital “made a troubling admission”. In a European Committee meeting regarding the exchange of data with non-EU Countries, Labour MP and shadow Culture Secretary Liam Byrne asked the Minister:

In the event of a no deal Brexit, are the Ministers prepared to guarantee to the House this afternoon that a data adequacy agreement will be secured and that free data flows will continue?

The Minister replied:

I cannot give him a categorical assurance that an adequacy agreement will be in place at any particular point during the negotiations.

Ukie says that it has continued to press the point that “without a deal on adequacy our sector, and indeed the wider tech and digital economy in the UK would be significantly hamstrung”.

Ukie says that the games industry was “born digital and relies on a strong digital backbone to deliver the best products to global audiences and to keep servicing those customers”. The interaction and associated data flows between players, games and platforms are intrinsic to the way games operate, it says. The industry relies on being able to collect and use data to develop new business models and innovative products and, most importantly, enhance players’ experiences.

Further, Ukie says, the industry exports globally, processes data from around the world and fundamentally relies on the ability to move data across borders. “It is critical that the Government ensures there is a robust legal basis in place following our departure from the EU for cross-border data transfers to continue”, it says.

Ukie therefore calls on the Government to prioritise obtaining a data adequacy decision from the EU and, following the UK’s departure from the EU in 2019, ensure that UK and European data protection regulators continue to have a close and productive relationship. Further, Ukie says, any future changes to data regulation must consider the needs of businesses, including the video games and interactive entertainment sector, and must not jeopardise this free flow of data. To read Ukie’s news item in full, click here.