The Transatlantic Data and Digital Trade Stand-Offs: The US, EU & UK Triangle Post-Brexit

Professor Elaine Fahey, Professor of Law and Jean Monnet Chair in Law & Transatlantic Relations, Institute for the Study of European Law (ISEL), City Law School, City, University of London

The talk considers the awkward transatlantic stand-offs on data and digital trade between the EU-US on the one hand and UK-US and UK-EU on the other. Until recently, transatlantic data flows constituted one of the most sophisticated in the globe- e.g. particularly with the EU-US Privacy Shield covering over one billions consumers and citizens, at least until Schrems II. Digital trade does not fall part of the current EU-US talks which but is a key dimension of the UK-US negotiations potentially.  Yet can digital trade unite the transatlantic relationship, even post-Brexit, more than divide? The UK has made significant efforts to obtain an adequacy decision from the EU but also proposes to diverge from EU data rules whilst keeping the GDPR. Can the UK evade the reach of EU data law? Can the US avoid adopting ‘a’ GDPR? How is the UK post-Brexit affected by Schrems II? Will UK and EU plans on Digital Services Taxes thwart the transatlantic relationship further?