The EU, Third Countries and Brexit - Managing Secure Data Flows Across Borders - Report
There are clearly a very wide number of issues when it comes to Brexit, with data being one of the most important, but least discussed, topics. The British Chamber organised a panel discussion featuring data experts: Matthew Gould, Director of Digital &Media, Department of Digital, Culture, Media and Sport, UK Government, Heather Anson, Multi-jurisdictional Law Consultant, Digital Law UK, Chris Hutchins, Managing Director of Public Policy EMEA, McAfee and Tilmann Kupfer, Vice-President, Trade and International Affairs, BT Group to discuss the issue with our members.
Multi-national companies rely on the movement of data; if there is no data transfer, there is no trade.This is true both in the EU and the rest of the world and the industry could be a large part of the growth of the EU in the future. With the UK being one of the biggest digital economies in Europe, it is crucial that the economy is not left isolated following Brexit. This means that in a scenario where the UK falls out of the EEA, an adequacy decision must be made as soon as possible.When considering that there have been estimations that data flows could increase global GDP by 10% in the next 10 years, the UK must do all it can to remain active and important in the data world.
The UK’s plan surrounding data in the future was discussed during the meeting, which featured advocacy discussions as soon as the UK leaves the EU, remaining GDPR compliant after 29th March and doing whatever is possible to maintain secure data flows with the EU. Out of these issues, remaining GDPR compliant isa large factor that will help the UK when it comes to an adequacy decision as the UK’s data security standards will be of the same level as the EU memberstates. This of course becomes even more important for businesses if the UK leaves without a deal on 29th March.
It is extremely hard to put a value on data when it is included in trade, however as data is so heavily involved, it is almost not necessary to try and separate the two. If data is able to be moved securely across borders, it is clearly a positive-sum game,where all involved reap the benefits.
The discussion also covered the topic of the ‘one stop shop’ mechanism, which allows companies to choose one regulatory authority to review their use of data event if it flows across borders. Different states have varying levels of compliance; therefore, it raises the question to business: how compliant do you want to be?
Following the event, Helena Raulus, UK Law Societies and British Chamber EU Committee Chair provided the chamber with her thoughts on the event:
“Getting data adequacy is in the interests of both the UK and EU. Yet, that said the discussion between the panellist was a great source of information as to how businesses can prepare for Brexit even if there would be no adequacy. They can use possibly model clauses or corporate rules to indicate their compliance with the GDPR”
Director-General Digital & Media Policy | Department for Digital, Culture, Media and Sport (DCMS)
Matthew is the Director General for Digital and Media Policy in the Department for Digital, Culture, Media and Sport. In his previous role as British ambassador to Israel, Matthew set up the UK Israel tech hub, which laid the foundations for the UK and Israel’s powerful tech relationship. He was also the Government’s Director of Cyber Security at the Cabinet Office, focussed on keeping Britain safe from cyber attack. Matthew’s previous roles also include serving as principal private secretary in the Foreign and Commonwealth Office and as private secretary for foreign affairs in the Prime Minister’s office. Matthew has worked in Tehran, Islamabad, Washington and Manila.
Managing Director | Anson Evaluate
Heather is Managing Director of Anson Evaluate Ltd, a specialist Regulatory Compliance and Training Provider in the UK. Anson Evaluate delivers services through a variety in person training seminars, webinars, online e-learning courses and podcasts. Heather is also the editor and co-author of The GDPR Compliance Manual for Legal Practices. Prior to moving to England in 2011, Heather developed online education and training courses via her company Professional Education Portal (“PEP”) as well as running her law firm, Anson Law, in Arizona for the best part of a decade. The firm focused on providing highly specialist regulatory advice to corporate clients, acting in effect as in-house counsel. Clients included a wide range of corporates advising on regulatory matters across multiple jurisdictions including Europe, China and Malaysia. Heather has continued to consult on multi - jurisdictional matters through niche law firm DigitalLawUK and has now advised clients from across North America, The European Union, Russia, and the Middle East. Heather is a popular speaker and has appeared at events for the Law Society of England and Wales, the European Law Students Association, The Centre for Assessment (CfA), the American Bar Association and the Center for International and American Law. Most recently, Heather has been a speaker at the ICM, Lawyer 2050 in Tunisia and ILT’s Cybersecurity and Data Privacy Law Conference in Dallas. Heather has also been a visiting lecturer and professor at Universities in the United States and Europe, most recently teaching a course in Trieste, Italy on the Comparative Law of Social Media between Europe and the United States.
Managing Director for Public Policy EMEA | McAfee
Chris Hutchins is Managing Director for Public Policy EMEA for McAfee where he leads the company advocacy program with the EU institutions, other companies and trade associations and works to enhance our thought leadership at European level and to strengthen our reputation in the European capitals. McAfee is one of the world’s leading independent cybersecurity companies and creates business and consumer solutions from device to cloud. In building solutions that work with other industry products, McAfee helps businesses orchestrate cyber environments that are truly integrated, where protection, detection and correction of threats happen simultaneously and collaboratively. Security technologies from McAfee use a unique, predictive capability that is powered by McAfee Global Threat Intelligence, which enables home users and businesses to stay one step ahead of the next wave of viruses, malware and other online threats. Prior to joining McAfee in 2018, Chris was VP for Public Policy for Liberty Global in Amsterdam, a pan European TV, broadband and mobile platform operating under a number of brands including Virgin Media, Telenet, UPC and UM/KBW. Previously he headed up their Brussels public policy team responsible for directing Liberty Global’s engagement with EU policy makers, regulators and industry stakeholders. Chris has a legal background and has degrees in Politics, EU competition law from King's College London, and in LLM in telecommunications and IT law from Strathclyde University. He has many years of experience in the digital sector and brings substantial experience in developing and implementing effective advocacy campaigns and engaging with government stakeholders to build growth and enhance reputation.
Vice President, Trade and International Affairs | BT Group
Tilmann Kupfer is based in Brussels and covers trade policy and international affairs, which brings him regularly also to Geneva. He works closely with BT’s public affairs and regulatory teams in Brussels, London, Washington and globally. Since July 2013 he chairs the policy committee of the European Services Forum (ESF), which is a Brussels-based trade association looking after trade in services. Further, he is Vice-Chair of the Competition & Trade Task Force of the British Chamber of Commerce in Belgium, looks after BT’s relations with the European Parliament and is a member of the Board of Management of the European Internet Forum (EIF). Tilmann joined the BT in 1997 to work on European affairs and regulation. During his career, he followed the discussions on a number of European legislative initiatives, including ecommerce, copyright, data protection, audio-visual media services, telecommunications and services. Before joining BT, Tilmann was a public affairs consultant at Hill and Knowlton. In the early 1990s he worked as an assistant for two Members of the European Parliament and was a trainee at the European Commission and the Council of Europe. After his master degree in history and political science at the Ludwig-Maximilians-Universität in Munich, he started his first professional steps as a freelance journalist for the Bavarian Television.