Cameron Miranda
The UK's decision to leave the European Union in 2020 caused confusion regarding the EU's General Data Protection Regulation (GDPR) and its applicability in the UK. The UK GDPR was created, closely following the EU GDPR, which is Europe's comprehensive data protection law. The UK GDPR retains the key principles, rights, and obligations of the EU GDPR, with some deviations in areas like immigration, national security, and intelligence. The UK's Data Protection Act (DPA) adapts the EU GDPR rules for the UK legal system and outlines data privacy laws and enforcement powers. The UK GDPR and EU GDPR both regulate the collection, use, transfer, and processing of personal data, with the EU GDPR applying to all organisations processing EU data subjects' personal data, regardless of location.
| Characteristics | Values |
|---|---|
| UK's decision to leave the EU | 2020 |
| UK's General Data Protection Regulation | Closely follows the same data protection rules as the EU General Data Protection Regulation (GDPR) |
| UK GDPR | Same as EU GDPR with some deviations in the areas of immigration, national security, and intelligence |
| UK Data Protection Act (DPA) | Adapts the GDPR Europe rules for the UK's legal system |
| DPA | Outlines data privacy laws, data protection measures that public bodies must follow, and lists the enforcement powers and processes |
| DPA | Provides regulation for the collection and use of personal data |
| DPA | Outlines the powers of the ICO (UK's Data Protection Authority) |
| EEA GDPR | Applies to all 27 member countries of the European Union (EU) |
| UK GDPR | Regulates the collection, use, transfer, storing, and other processing of personal data of persons in the UK |
| UK GDPR | Applies to all organizations that process personal data of UK data subjects, regardless of their location |
| UK GDPR | Has extra-territorial effect |
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What You'll Learn
The UK GDPR
Businesses that operate in Europe need to comply with both the UK GDPR and the EU GDPR, which are regulated separately by European supervisory authorities. The UK GDPR establishes the rights of consumers and the obligations of businesses, with businesses needing to establish a purpose for collecting and processing personal data and implement security measures to protect the data. Individuals whose personal data is collected have certain rights, including the ability to review, amend, or challenge data processing practices.
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The UK's decision to leave the EU
The EU GDPR is a regulation on information privacy in the EU and the European Economic Area (EEA). It is a fundamental right in the EU and aims to protect the rights and freedoms of individuals, particularly their right to privacy. It applies to all organisations that process the personal data of EU data subjects, regardless of their location. This means that organisations outside the EU that offer goods or services to EU data subjects or monitor their behaviour must also comply with the GDPR.
The UK GDPR was created by transposing the EU GDPR into UK national law and making technical changes to reflect the UK's status as a non-member state. The key principles, rights and obligations remain the same under the UK GDPR as under the EU GDPR. However, there are some deviations, particularly in the areas of immigration, national security and intelligence. These deviations may increase if the UK pursues its proposed reforms.
The UK Data Protection Act (DPA) 2018 remains in place as a national data protection law and supplements the UK GDPR regime. It deals with matters that were previously permitted derogations and exemptions from the EU GDPR, such as substantial public interest bases for the processing of special categories of data. The DPA also outlines data privacy laws, the data protection measures that public bodies must follow, and the enforcement powers and processes of the Information Commissioner's Office (ICO), the UK's Data Protection Authority.
The ICO remains the independent supervisory body regarding the UK's data protection legislation. However, it will not be the regulator for any European-specific activities caught by the EU GDPR. The EU has approved adequacy decisions for the UK GDPR and the Law Enforcement Directive, which means that data can continue to flow freely from the EU to the UK in most cases. These adequacy decisions are currently set to last until 27 December 2025.
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The Data Protection Act
The DPA 2018 has seven parts. Part 1 provides for the processing of personal data, most of which is subject to the GDPR. Part 2 supplements the GDPR and applies an equivalent regime to certain types of processing to which the GDPR does not apply. Part 3 deals with the processing of personal data by competent authorities for law enforcement purposes and implements the Law Enforcement Directive. Part 4 makes provision for the processing of personal data by the intelligence services. Part 5 outlines the scope of the Information Commissioner's mandate and enforcement powers, and Part 6 creates several criminal offences relating to personal data processing. Part 7 of the DPA 2018 also introduces a new public interest test applicable to the research processing of personal health data.
The DPA 2018 is designed to give individuals more control and rights over their personal information. It allows individuals to request the erasure of their data and provides a clear interpretation of the exemptions to the act. The act also controls how organisations can use personal information and gives individuals the right to request information about themselves.
Following the UK's exit from the European Union, the UK Government transposed the GDPR into UK national law, creating the UK GDPR. The UK GDPR is identical to the EU GDPR, with some technical changes to account for the UK's status as a non-member state. The UK GDPR applies to organisations established in the UK and has extra-territorial effects, following the same principles as the EU GDPR. The DPA 2018 remains in place and supplements the UK GDPR regime, dealing with matters that were previously permitted derogations and exemptions from the EU GDPR.
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The UK's national law
The UK GDPR is supplemented by the Data Protection Act (DPA) 2018, which deals with matters that were previously covered by derogations and exemptions from the EU GDPR, such as substantial public interest bases for the processing of special categories of data. The DPA outlines the rules that data protection officers must follow in sectors where the UK GDPR doesn't apply, such as national security. It also sets out the scope of the Information Commissioner's mandate and enforcement powers, creating criminal offences relating to personal data processing.
The UK GDPR applies to the processing of personal data by organisations in the UK. It also has an extraterritorial effect, applying to controllers and processors based outside the UK if their processing activities relate to offering goods or services to individuals in the UK.
The UK's data protection regime is supervised by the Information Commissioner's Office (ICO), which is the independent supervisory body for UK data protection legislation. The ICO provides guidance on data protection and privacy laws and works closely with European supervisory authorities.
The UK government has proposed reforms to data protection and e-privacy laws through the new Data (Use and Access) Bill (DUAB), which is expected to make limited changes to the UK data protection regime.
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The EU's privacy law
The European Union's General Data Protection Regulation (GDPR) is a comprehensive data protection and privacy law. It was adopted in 2016 and became effective in 2018, regulating the processing of personal data and enhancing individuals' control and rights over their personal information. The GDPR applies to all organisations that process the personal data of EU citizens, regardless of the organisation's location.
The GDPR is a significant component of EU privacy law and human rights law, specifically Article 8(1) of the Charter of Fundamental Rights of the European Union. It also governs the transfer of personal data outside the EU and the European Economic Area (EEA). The GDPR's goals are to simplify international business regulations and ensure personal data is processed securely, transparently, and fairly.
After the UK left the EU in 2020, it enacted the "UK GDPR", which closely follows the EU GDPR. The UK's version retains the core definitions and principles of the EU GDPR, with some technical changes to reflect the UK's status outside the EU, such as changing references to the "Member State". The UK GDPR also has extra-territorial effect, applying to organisations outside the UK that offer goods or services to individuals in the UK.
There are some deviations between the two versions, particularly in areas of immigration, national security, and intelligence. These deviations may increase over time if the UK pursues proposed reforms, such as the Data Protection and Digital Information Bill (DPDI Bill). The UK Data Protection Act (DPA) adapts the EU GDPR rules for the UK's legal system, providing regulations for sectors where the GDPR doesn't apply, such as national security.
The EU has approved adequacy decisions for the UK GDPR, allowing data to flow freely from the EU to the UK in most cases. These decisions are in place until 27 December 2025, with a 6-month extension to assess the new legal framework in the UK.
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Frequently asked questions
No. The UK is no longer a member of the EU and is therefore not subject to the EEA GDPR. However, the UK has retained the General Data Protection Regulation (GDPR) in domestic law as the UK GDPR.
The UK GDPR is a set of regulations that govern the collection, use, transfer, storage, and other processing of personal data of persons in the UK. It is based on the EU's GDPR but has some deviations, particularly in the areas of immigration, national security, and intelligence.
The UK's decision to leave the EU has resulted in some confusion regarding data protection and privacy laws. The UK has retained the GDPR in domestic law, but there are now two separate regulations: the EEA GDPR and the UK GDPR. This means that businesses may need clarification on GDPR compliance when doing business in the EU, and vice versa.
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