The proposals will be put into a Data Reform Bill, which is expected in the current parliamentary session. Here, PPA asks and answers the key questions about what the post-Brexit changes will mean for publishers:

What will it mean for the GDPR accountability regime?

The Government is proposing to replace the GDPR accountability regime with ‘privacy management programmes’ (PMPs), promising that organisations that are currently complaint with the UK GDPR will not need to ‘significantly change’ their approach if they do not wish to take advantage of the new regime’s additional flexibility.

The requirement for a data protection officer (DPOs) will be removed, with businesses having to appoint a designated senior individual overseeing the PMP. Organisations who wish to retain their DPO will be able to do so, as long as there is oversight from the senior individual.

Mandatory data protection impact assessments (DPIAs) and records of processing activities (ROPAs) will be removed. Businesses will continue to have to identify and manage risks, and document their processing, but in a proportionate manner. The government believes that this will give SMEs more flexibility.

What will it mean for cookie banners?

The Government intends to remove the need for websites to display cookie banners to UK residents. In the short term, businesses will be allowed to place cookies on a user’s device without explicit consent, but only for a small number of non-intrusive purposes.

In the future, the Government intends to move to an opt-out model of cookie consent. This means that cookies could be set without consent, but the website must give the user clear information about how to opt out.

Will the Government’s plans impact the data adequacy decision with the EU?

There have been fears that some of the Government’s proposals, particularly those which could result in an erosion of the ICO’s (the UK’s data protection regulator), could put the UK’s data adequacy agreement with the EU in jeopardy. The government believes it is perfectly possible and reasonable to expect the UK to maintain EU adequacy as it designs a future regime.

What happens next?

The Government is currently drafting the Data Reform Bill that will put these proposals in the law. PPA will be monitoring the development of the legislation closely to ensure that it does not result in unnecessary burdens for publishers, and ensure that the data adequacy agreement with the EU is retained.