GDPR After Brexit: General Data Protection

In 2018, the GDPR reared its head as the supreme eye for privacy rights, cementing its vision far beyond the European Union (EU). It brought a paradigm shift that continues to guide businesses and individuals towards ethical data practices. And then came Brexit! This raised a critical question: What happens to GDPR After Brexit?

After The UK voted to leave the EU in 2016 and officially left the trading block (its nearest and biggest trading partner) on 31 January 2020. With this departure, UK and the EU sealed a deal that covers new rules for how the UK and EU will work, live and trade together.

Brexit introduced new complexities regarding data protection laws and this blog explores what changes were introduced to GDPR After Brexit, examining the adjustments businesses must make to align with both UK and EU standards.

Table of Contents

1) What is GDPR?

2) GDPR after Brexit

3) What Becomes of GDPR After Brexit?

4) What are the 4 stages of quality management?

5) What are the 4 P's of TQM?

6) Conclusion

What is GDPR?

The General Data Protection Regulation (GDPR) is a stringent data protection legislation worldwide. It may seem to have been initiated by the European Union, but it is effective for any organisation anywhere that collects or otherwise processes the personal data of individuals within the EU, despite their location. However, since its implementation, GDPR has had significant repercussions on the parties that do not comply with it, such as hefty fines to the tune of millions of dollars.

Traditionally, GDPR is the promise of the EU being concerned with the security of personal data, particularly in the context when an increasingly larger number of people share their data online, and data breaches are becoming an increasingly widespread issue. The regulation, however, is wide and, at times, non-specific, and this aspect to many of the small and medium business organisations is overwhelming.

GDPR After Brexit

With the UK’s exit from the EU, it became a “third country” under the GDPR framework, leading to restrictions on data transfers between the two regions. Below are key developments concerning GDPR after Brexit:

a) A data flow agreement was signed between the EU and the UK, allowing unrestricted data transfers for six months starting 1 January 2021.

b) On 28 June 2021, the EU granted the UK an adequacy decision, enabling continued free data flow without additional safeguards for four years (until June 2025).

c) The UK government amended existing privacy laws to align with its post-Brexit data protection stance.

d) The Data Protection, Privacy and Electronic Communications (Amendments, etc.) (EU Exit) Regulations 2019 (DPPEC) were enacted to ensure legal continuity and data security.

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The UK GDPR 2021

To fulfil the UK’s obligations under the Withdrawal Agreement and maintain data protection standards in line with the EU, the UK government adapted the EU GDPR into a domestic law known as the UK GDPR. This legislation took effect from 1 January 2021 and includes the following:

a) Organisations operating in or outside the UK that process personal data of individuals in the UK must comply with the UK GDPR.

b) Companies targeting EU citizens with goods or services must still comply with the EU GDPR alongside the UK version.

c) Non-UK businesses handling UK residents' personal data are required to appoint a UK-based representative for regulatory communications under the UK GDPR.

Amended Data Protection Act (DPA) 2018

In 2018, the DPA was amended to effectively implement the EU GDPR within the UK. This created a comprehensive framework to address both EU standards and domestic privacy issues that are not covered by the GDPR. The important points about this act are

a) Following Brexit, the DPA 2018 underwent more amendments effective from January 1, 2021, after the UK's transition period ended.

b) Data Protection, Privacy and Electronic Communications (Amendments, etc.) (EU Exit) Regulations 2019 (DPPEC) merged the EU GDPR rules with domestic laws. This established a new data protection regime known as the UK GDPR, aligned with the post-Brexit context.

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What Becomes of GDPR After Brexit?

The EU GDPR is the most robust and stringent data protection law yet. It impacts many businesses worldwide even after Brexit.

However, here are a few notable changes that you should be aware of

a) Businesses operating in the UK, providing services and goods to UK individuals, are no longer required to adhere to the EU GDPR. They must align their policies and privacy practices with the UK GDPR.

b) UK businesses operating in the EU, providing goods and services to EU individuals must continue to follow the EU GDPR as well as the UK GDPR.

c) The Information Commissioner’s Office (ICO) is no longer the UK regulator for any EU GDPR-related concerns. It’s the independent supervisory body for UK data privacy laws.

d) Transferring data from the UK to the EU will be governed by the UK International Data Transfer laws and EU Standard Contractual Clauses (SCCs)

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What are the 4 stages of quality management?

The four key stages of quality management are Quality Planning, Quality Assurance, Quality Control, and Continuous Improvement. Quality Planning lays the foundation by identifying quality standards and determining how those standards will be met. It involves setting clear objectives, identifying resources, and defining processes that align with customer expectations.

Quality Assurance ensures that processes are in place to meet the planned standards, focusing on preventing errors rather than correcting them. Quality Control follows, involving the inspection and testing of outputs to detect and address any deviations from the expected quality. Finally, Continuous Improvement focuses on regularly assessing and enhancing processes to drive long-term efficiency, innovation, and customer satisfaction. Together, these stages form a cycle that helps organisations consistently deliver high-quality results.

What are the 4 P's of TQM?

The 4 P’s of Total Quality Management are Product, Process, People, and Planning, each playing a vital role in delivering consistent quality across an organisation. The Product aspect focuses on meeting or exceeding customer expectations by ensuring the output is reliable, valuable, and fit for purpose. The Process element emphasises efficiency and consistency in how work is carried out, helping to eliminate waste and minimise errors.

People are central to TQM, as success depends on the active involvement, training, and motivation of everyone in the organisation. Lastly, Planning ensures that quality objectives are clearly defined and aligned with strategic goals. It involves setting standards, allocating resources, and continuously reviewing progress. Together, these four pillars support a culture of continuous improvement and customer satisfaction.

Conclusion

As businesses navigate the post-Brexit landscape, the answer to the question of what happens to GDPR after Brexit lies in the seamless transition to the UK GDPR. This new framework blends familiar EU principles with UK enhancements, ensuring that data protection remains robust and responsive to the evolving digital age.

We hope this blog helps you understand how the UK continues to uphold a high standard of privacy, adapting to its newfound regulatory autonomy.

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