UK data protection regulation: The evolving post-Brexit landscape
Seminar
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Date & time

13 April 2026 4:00pm - 5:30pm

Venue

Philippa Weeks Staff Library, Room 7.4.1, ANU Law School

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Event description

It is now over half a decade since the UK left the EU data protection framework. But has much changed? After several years of debate, a reforming Data (Use and Access) Act was enacted in 2025. However, it will be argued that its substantive impact is relatively limited. Separately and as importantly, the (UK) General Data Protection Regulation (GDPR) has been deprived of its supremacy vis-à-vis exemptions set out in the Data Protection Act and data protection is no longer a fundamental right in the UK. Most significantly, Brexit and, to an extent, the Data (Use and Access) Act have furthered and cemented a very different enforcement stance by the UK’s Data Protection Authority compared to both the GDPR’s promise and the EU norm.  For example, whereas data protection fines issued within the EU in 2024 totalled €1,254 million (around £ 1,062 million), the UK total for 2024/25 was only around £4 million (despite the EU's resident data subject population being only around 6.5 times that of the UK). The UK regulator's restrictive approach raises troubling questions for the future of data protection as a truly legal framework.

Speakers

Professor David Erdos

David Erdos is Professor of Law and the Open Society and Co-Director of the Centre for Intellectual Property and Information Law (CIPIL) in the Faculty of Law at the University of Cambridge. He is the author of two Oxford University Press monographs, most recently European Data Protection Regulation, Journalism and Traditional Publishers: Balancing on a Tightrope?, and has published widely on data protection, freedom of expression, human rights, intermediary liability and research regulation in leading legal and socio-legal journals including the Common Market Law Review, International and Comparative Law Quarterly and the Journal of Law and Society.