What is UK GDPR?

The UK GDPR, emerging post-Brexit, represents the United Kingdom’s adaptation of the EU General Data Protection Regulation with slight modifications tailored to domestic needs. Analysis reveals that the core framework, including data subject rights, lawful bases for processing, and obligations for controllers and processors, mirrors the EU GDPR closely (Bennett & Raab, 2020). The UK GDPR functions in tandem with the amended Data Protection Act 2018, creating a dual-layered legal structure for personal data protection.

Key points observed are as follows:

• Territorial Scope: The regulation applies to any entity—regardless of location—that processes personal data of UK residents for offering goods or services or monitoring behavior in the UK. This extraterritorial scope maintains continuity with the EU GDPR (Forbes & Watson, 2022).
• Data Subject Rights: Rights such as access, rectification, erasure, portability, and objection are preserved. Differences are minimal but include clarifications on regulatory roles post-Brexit.
• Enforcement and Supervisory Authority: The Information Commissioner’s Office (ICO) assumes full supervisory responsibilities previously shared with EU authorities. This shift centralizes enforcement and introduces challenges for cross-border data transfers (Kuner et al., 2021).
• International Data Transfers: Post-Brexit, EU-UK data transfers are subject to adequacy decisions and additional safeguards. Organizations must adapt to new requirements, such as Standard Contractual Clauses (SCCs), to ensure compliance (Gstrein & Kochenov, 2021).
• Regulatory Divergence: While currently similar to the EU GDPR, potential for future divergence exists as UK authorities may amend or reinterpret provisions independently.

“The UK GDPR retains almost all substantive provisions of the EU regime, but its independence creates new complexities, especially for multinational organizations” (Forbes & Watson, 2022, p. 312).

Summary Table: Main Features of UK GDPR

Organizations operating in or dealing with the UK must monitor regulatory updates and maintain compliance with both UK and international data protection standards. The evolving nature of UK GDPR demands consistent legal vigilance and operational agility.