GDPR After Brexit: A Comprehensive Guide

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

a) The UK GDPR 2021

b) Amended Data Protection Act (DPA) 2018

3) What Becomes of GDPR After Brexit?

4) Conclusion

What is GDPR?

The General Data Protection Regulation (GDPR) is a powerful legal framework that sets guidelines for collecting and processing personal information from individuals who live in and outside of the European Union (EU). Approved in 2016 and put into effect in 2018, the GDPR is the toughest security and privacy law in the world and applies to organisations worldwide if they target or collect data related to people in the EU.

It imposes strict security and privacy standards, with penalties reaching up to tens of millions of pounds for violations.

GDPR after Brexit

With the UK departing the EU and falling outside of the GDPR zone, it became a “third country” with restrictions imposed on data flow between the two sides. Here are some significant points about GDPR after BREXIT

a) The deal signed between the EU and UK ensured the free flow of data for six months starting from January 1, 2021.

b) On June 28, 2021, the EU adopted an adequacy decision for the UK to allow uninterrupted data flow from the EU. This flow will be without further supervisory authorisation or legal measures for four years (until June 2025).

c) The UK government amended and updated the pre-existing UK privacy laws to accommodate the changes brought by Brexit.

d) The UK government formed the Data Protection, Privacy and Electronic Communications (Amendments, etc.) (EU Exit) Regulations 2019 (DPPEC)

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The UK GDPR 2021

To meet the requirements of the Withdrawal Agreement and offer provide data protection equivalent to the EU, the UK government took a big step. It modified the EU GDPR and introduced a new domestic law known as the UK GDPR to replace the previous regulation. Under this law,

a) Businesses based in or outside the UK that have been following the EU GDPR for processing UK users’ personal data now must adhere to the UK GDPR requirements.

b) Those that are offering goods and services to EU users must continue to follow the EU GDPR.

c) All businesses not based within the UK that are processing personal data of UK individuals must appoint a UK representative to deal with any concerns related to UK GDPR compliance.

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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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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