Practical aspects of the UK General Data Protection Regulation for insolvency professionals
Produced in partnership with Patrick Elliot of Keystone Law

The following Restructuring & Insolvency practice note produced in partnership with Patrick Elliot of Keystone Law provides comprehensive and up to date legal information covering:

  • Practical aspects of the UK General Data Protection Regulation for insolvency professionals
  • What is the UK GDPR?
  • Key Terms under the UK GDPR
  • Applicable principles under the UK GDPR
  • Right to process
  • Data Controller or Data Processor?
  • Purposes for processing
  • Control of data
  • Individuals’ rights
  • Special category data
  • More...

Practical aspects of the UK General Data Protection Regulation for insolvency professionals

Following IP completion day (being 1 pm (GMT) on 31 December 2020), the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) was incorporated into the UK’s domestic law as the ‘UK GDPR’. The UK GDPR is heavily derived from the EU GDPR and generally the terms and core concepts used in the UK GDPR have the same meaning as they do in the EU GDPR, although there are a number of key detailed differences between the two regimes. In summary, in a similar manner to the EU GDPR, the UK GDPR applies to the processing of personal data and provides rights to those data subjects whose data is processed and imposes obligations on both controllers and processors of the personal data.

The UK GDPR regime is comprised of two main pieces of legislation:

  1. a version of EU GDPR incorporated into UK law (with various amendments made by Brexit legislation) following the end of the implementation period (Retained Regulation (EU) 2016/679, UK GDPR)

  2. the parts of the Data Protection Act 2018 (DPA 2018) that relate to general personal data processing, powers of the Information Commissioner and sanctions and enforcement, as amended by Brexit legislation following the end of the implementation period

For further reading, see Practice Notes: Brexit—implications for data protection and The UK

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