Arbitration—data protection and GDPR considerations
Produced in partnership with Charlie Morgan of Herbert Smith Freehills

The following Arbitration practice note produced in partnership with Charlie Morgan of Herbert Smith Freehills provides comprehensive and up to date legal information covering:

  • Arbitration—data protection and GDPR considerations
  • Background to GDPR regimes and DPA 2018
  • Article 29 Working Party guidance
  • Information Commissioner's Office (ICO) guidance
  • The ICCA-IBA Roadmap to Data Protection in International Arbitration
  • What constitutes personal data?
  • What constitutes ‘processing’ personal data in arbitration proceedings?
  • Identifying controllers and processors
  • Joint controllers
  • The role of arbitral parties
  • More...

Arbitration—data protection and GDPR considerations

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:

  1. the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) regime (applicable under UK law until the end of the Brexit implementation period (11 pm UK time on 31 December 2020) and remaining applicable in the EEA—any references to EEA or EU states in this Practice Note should therefore be read to also include the UK until the end of that implementation period), and

  2. the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (the UK GDPR) regime (applicable under UK law from the end of the Brexit implementation period)

Where there is no need to distinguish the two regimes, this Practice Note refers to both as the ‘GDPR’ for convenience.

When considering the general processing of personal data, both the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be read together as both sets of provisions directly apply. Practitioners will find it most helpful to take the UK GDPR as their starting point and then consider the specific supplementary provisions of the DPA 2018.

This Practice Note considers the UK and EU GDPR regimes, the DPA 2018 and other data protection considerations that should or may be considered in connection with international arbitration proceedings. In the context of

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