UK General Data Protection Regulation (UK GDPR)

    Overview

    The UK General Data Protection Regulation (UK GDPR), along with the Data Protection Act 2018, governs the processing of personal data and aims to protect individuals' privacy rights in the UK. Together, the two form the foundation of data protection law in the United Kingdom. The UK GDPR sets overarching principles, while the DPA 2018 provides additional details, exemptions, and provisions specific to the UK, including requirements for law enforcement, intelligence services, and public sector bodies. Last but not least, the two help adapt the EU's GDPR for a post-Brexit framework, retaining core GDPR principles while incorporating changes for domestic legislation. The regulation applies to how businesses and organizations collect, use, store, and manage personal data of individuals in the UK, ensuring transparency, fairness, and lawful processing.

     

     

    Regulation Summary

    Timeline
    • May 25, 2018: EU GDPR became enforceable.
    • June 26, 2018: UK Data Protection Act 2018 became effective.
    • January 1, 2021: UK GDPR replaced the EU GDPR in the UK following Brexit.
    What Businesses Are Affected
    • Businesses operating in the UK or offering goods and services to UK residents.
    • Controllers and processors handling the personal data of UK residents, regardless of where they are based.
    • Non-UK businesses targeting UK residents must appoint a representative in the UK.
    Exemptions
    • Household Purposes: Personal data processed for private, non-commercial purposes.
    • Law Enforcement and National Security: Covered under dedicated parts of the DPA 2018.
    • Journalistic, Artistic, and Literary Purposes: Exemptions to balance freedom of expression with data protection.
    • Research and Statistics: Relaxed provisions for scientific or historical research and statistical purposes.
    Responsibilities for Businesses
    • Accountability: Demonstrate compliance with data protection principles.
    • Transparency: Provide clear, concise privacy notices.
    • Data Minimization: Only collect data necessary for specified purposes.
    • Security: Safeguard data against unauthorized access or loss.
    • Legal Basis for Processing: Ensure processing has a valid legal basis, such as consent, legal obligation, or legitimate interests.
    • Data Protection by Design and Default: Embed data protection into the lifecycle of all processing activities.
    • Data Protection Impact Assessments (DPIAs): Conducted for high-risk processing activities.
    Specific Responsibilities for Website Owners
    • Cookie Consent: Obtain explicit consent before placing non-essential cookies.
    • Privacy Notices: Publish detailed and user-friendly policies.
    • Data Subject Requests: Respond within one month, extendable by an additional two months when necessary.
    • Breach Reporting: Notify the ICO of a data breach within 72 hours if it risks individuals’ rights and freedoms. Notify affected individuals if the breach poses a high risk.
    Additional Requirements
    • Data Protection Officer (DPO): Appoint if processing sensitive data or operating on a large scale.
    • International Data Transfers: Adhere to adequacy decisions, SCCs, or alternative safeguards.
    • Children’s Data: Provide age-appropriate privacy notices and obtain parental consent for users under 13.
    • Sensitive Data: Obtain explicit consent before processing sensitive data, such as health or biometric data, unless specific legal conditions apply.
    Data Subject Rights
    • Access: Request access to personal data.
    • Correction: Request corrections to inaccurate or incomplete data.
    • Deletion: Request data deletion (right to be forgotten).
    • Portability: Obtain data in a machine-readable format.
    • Restriction and Objection: Limit or refuse specific data processing.
    • Automated Decision-Making: Challenge decisions made solely by automated means.
    Enforcement

    • Enforced by the Information Commissioner’s Office (ICO).

    • Fines: Up to £17.5 million (approximately $21.9 million) or 4% of global turnover for severe violations under the UK GDPR.

    • Lower-tier fines: Up to £8.7 million (approximately $10.9 million) or 2% of global turnover for less severe violations.

    • Sector-specific provisions and penalties outlined in the DPA 2018 for law enforcement and intelligence agencies.

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