Q&As

Are you aware of any other provision in the Data Protection Act 2018/ UK law which makes it clear that the UK will not be classed as a 'third country' for the purpose of its own domestic law, or is this primarily through implication?

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Published on LexisPSL on 03/08/2018

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • Are you aware of any other provision in the Data Protection Act 2018/ UK law which makes it clear that the UK will not be classed as a 'third country' for the purpose of its own domestic law, or is this primarily through implication?
  • Article 44 of the GDPR
  • Role of the Data Protection Act 2018 in relation to the GDPR regime
  • UK government’s Brexit plan
  • Transition / implementation period
  • Position after implementation / post-implementation

In this Q&A, the regime under Article 44 of Chapter V of the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 once incorporated into UK law post-Brexit has been focused on.

Consideration has not been given to the non-GDPR regimes under the Data Protection Act 2018 (DPA 2018), (including the ‘applied GDPR’ regime, nor the regimes applicable to law enforcement or intelligence services processing). See Practice Note: The Data Protection Act 2018.

Article 44 of the GDPR

Article 44 of Chapter V of the GDPR states:

‘Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation. All provisions in this Chapter shall be applied in order to ensure that the level of protection of natural persons guaranteed by this Regulation is not undermined.’

Role of the Data Protection Act 2018 in relation to the GDPR regime

In relation to the EU GDPR regime, according to explanatory notes to the Bill, DPA 2018 was designed to replace the Data Protection Act 1998 to

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