The UK General Data Protection Regulation (UK GDPR)
The UK General Data Protection Regulation (UK GDPR)

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

  • The UK General Data Protection Regulation (UK GDPR)
  • Summary of key legislation
  • Status of EU case law, recitals to the EU GDPR and guidance from EU supervisory authorities
  • Summary of the degree of divergence between the UK GDPR and EU GDPR regimes
  • Implications of Brexit
  • Material scope
  • Automated or structured processing of personal data
  • Manual unstructured processing of personal data held by an FOI public authority
  • General exceptions
  • Territorial scope
  • More...

Important note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the regime which is expected to apply once the implementation period (during which the UK remains subject to the EEA data protection regime) has ended. The UK GDPR regime is not applicable nor in force until 11 pm (UK time) on 31 December 2020. This Practice Note will be updated as matters progress. For further background, see Practice Note: Brexit—implications for data protection.

This Practice Note provides a summary of the prospective UK GDPR regime. The processing of personal data by competent authorities for law enforcement purposes or by the intelligence services which is governed by specific regimes under Parts 3 and 4 of the Data Protection Act 2018 (DPA 2018) is beyond the scope of this Practice Note as is not taken to form part of the ‘UK GDPR regime’. For information on the processing of personal data for law enforcement purposes and by the intelligence services, see Practice Note: Processing personal data by law enforcement and intelligence agencies—an introduction to the Data Protection and Law Enforcement Directive and Part 3 of the Data Protection Act 2018 and Information Commissioner’s Office (ICO) Guide to Data Protection, which includes a Guide to Law Enforcement Processing and a Guide to Intelligence Services Processing.

This Practice Note covers:

  1. key legislation

  2. material scope

  3. territorial

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