Paul M. Schwartz (University of California, Berkeley – School of Law) has posted “The Data Privacy Law of Brexit: Theories of Preference Change” (Theoretical Inquiries in Law, Vol. 22.2:111, 2021) on SSRN. Here is the abstract:
Upon Brexit, the United Kingdom chose to follow the path of EU data protection and remain tied to the requirements of the General Data Protection Regulation (GDPR). It even enacted the GDPR into its domestic law. This Article evaluates five models relating to preference change, demonstrating how they identify different dimensions of Brexit while providing a rich explanation of why a legal system may or may not reject an established transnational legal order. While market forces and a “Brussels Effect” played the most significant role in the decision of the UK government to accept the GDPR, important nonmarket factors were also present in this choice. This Article’s models of preference change are also useful in thinking about the likely extent of the UK’s future divergence from EU data protection.