The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

January 12, 2019

Draft Regulations to create a ‘UK GDPR’ were published by the Government this week to ensure that the UK is ready for Brexit.

 

 

 

The Regulations introduce a large number of technical amendments to the GDPR, Data Protection Act 2018 (DPA18) and the Privacy Electronic Communications Regulations 2003 (PECR).  The Withdrawal Act makes provision for the GDPR to form part of UK domestic law from 30th March 2019 as a ‘UK GDPR’.

 

But what does this mean in practice?

 

  • The text of UK GDPR is fundamentally the same as the GDPR which came into force on 25th May 2018, but it will correct language deficiencies from the European text;

  • Extra-territorial application is retained – non-UK controllers and processors that sell into the UK or monitor UK residents online will have to comply with the UK GDPR;

  • In some circumstances, non-UK controllers will need to appoint a representative within the UK;

  • Previous EU adequacy decisions are revoked BUT the UK will deem EEA countries, EU and EEA Institutions and Gibraltar as having adequacy decisions;

  • The ICO will be responsible for standard contractual clauses to facilitate the export of personal data from the UK and will not need EU Commission approval;

  • The ICO will continue to be able to authorise new binding corporate rules;

  • The ICO will be responsible for any tasks previously undertaken by other EEA Supervisory Authorities for processing of personal data or UK residents;

  • PECR will be amended to align the definition of consent with the UK GDPR.

 

UK based businesses that deal solely with UK based personal data will largely remain unaffected.  But, if your business deal with non UK business partners and there is a transfer of UK personal data then you will need to review carefully whether any of the changes will affect you (don’t worry Team Teal can help!).

 

The Regulations still need to be approved by Parliament so watch this space.

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