Data protection obligations for attorneys and deputies
Produced in partnership with Craig Ward, of Lundie, of Craybeck Law
Data protection obligations for attorneys and deputies

The following Private Client practice note Produced in partnership with Craig Ward, of Lundie, of Craybeck Law provides comprehensive and up to date legal information covering:

  • Data protection obligations for attorneys and deputies
  • The UK’s data protection provisions as from 31 December 2020
  • Personal data transference to EU member states from 1 January 2021
  • LPA attorneys, Court of Protection deputies and the UK GDPR
  • Attorneys and deputies as data controllers
  • Identifying a data controller attorney/deputy
  • Identifying a non-data controller attorney
  • Attorney as data controller
  • Deputy as data controller
  • Consent and the UK General Data Protection Regulation
  • More...

The UK’s data protection provisions as from 31 December 2020

In the UK from 11pm on 31 December 2020, revised data protection provisions came into force. Changes are made to the General Data Protection Regulation (GDPR) (EU 2016/679) and the Data Protection Act 2018 (DPA 2018) by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 and the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020.

The key principles, entitlements and obligations established under the GDPR remain. Following the UK’s exit from the EU on 31 January 2020 and the end of the Brexit implementation period at 11pm on 31 December 2020, a version of the GDPR is incorporated into UK law (with various amendments made by Brexit legislation) as Retained Regulation (EU) 2016/679, the United Kingdom General Data Protection Regulation (UK GDPR). This means that from 11pm on 31 December 2020 there will exist; UK GDPR and EU GDPR as separate pieces of legislation. There are also changes to DPA 2018. All documentation which references the term ‘GDPR’ must, from 11pm on 31 December 2020, say if it relates to the ‘UK GDPR’ or the ‘EU GDPR’. This is particularly important for solicitors who advise clients who trade internationally.

To assist with the transitions, the UK government has produced Keeling Schedules setting out the changes to the GDPR

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