Data protection clauses in public sector contracts
Data protection clauses in public sector contracts

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Data protection clauses in public sector contracts
  • Boilerplate provisions in public sector contracts
  • Brexit impact—data protection, public procurement and public sector contracts
  • Data protection and the GDPR
  • GDPR guidance and standard clauses for public sector contracts
  • Example data protection provisions
  • Data protection provisions prior to the GDPR

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.

Boilerplate provisions in public sector contracts

This Practice Note looks at data protection clauses in public sector contracts. For more information on what contracting authorities (and other interested parties) need to know when using boilerplate provisions in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations.

Brexit impact—data protection, public procurement and public sector contracts

The legal regime governing data protection and procurement of public contracts in the UK derives from EU laws, and is therefore impacted by the UK’s withdrawal from the EU. Brexit also has wider implications for the drafting, negotiation and enforcement of contracts governed by English law. The government has updated its model contracts updates in preparation for Brexit. Amendments include additions to the definition and interpretation provisions and updates to the data protection provisions in accordance with procurement policy guidance.

For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on

Popular documents