The introduction of GDPR has significantly reshaped data privacy and protection, impacting businesses worldwide. Post-Brexit, UK businesses face additional complexities with the implementation of the UK GDPR. This article delves into how companies can navigate these changes, ensure compliance, and effectively protect personal data in the new regulatory landscape. Discover the key responsibilities under GDPR, practical steps for maintaining compliance, and the potential consequences of non-compliance, helping your business stay informed and proactive in safeguarding data and privacy rights.

Introduction 

Since its enforcement in May 2018, the General Data Protection Regulation (GDPR) has significantly changed the way organizations handle personal data. Although originally an EU regulation, GDPR’s impact is global. The UK’s exit from the EU has added new layers of complexity to data protection practices. This article outlines the key distinctions between EU GDPR and UK GDPR, and offers practical steps for businesses to ensure compliance across both frameworks.

What Is GDPR?

GDPR gives individuals greater control over how their personal data is collected, processed, and shared. Core obligations for organizations include:

  • Transparency: Clearly state who collects data, what is collected, why, and with whom it is shared

  • Consent: Must be explicit, documented, and verifiable

  • Data subject rights: Includes access, correction, erasure, and data portability

Core GDPR Objectives

  • Empower individuals to control their data

  • Harmonize data protection laws across the EU

  • Enhance transparency and accountability in data handling

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GDPR After Brexit: What Has Changed?

As of January 1, 2021, the UK implemented its own version of the regulation, known as UK GDPR. While it closely mirrors the EU GDPR, key differences must be considered:

  • Jurisdiction and Scope:

    • EU GDPR applies to businesses in the EU and outside the EU if they process data of EU residents

    • UK GDPR has a similar reach, applying to organizations offering goods/services to UK residents or monitoring their behavior

  • Supervisory Authorities:

    • EU: European Data Protection Board (EDPB)

    • UK: Information Commissioner’s Office (ICO)

  • Data Transfers:

    • The EU granted the UK an adequacy decision, allowing personal data to flow freely to the UK.

    • This decision remains valid until June 2025, subject to review.

Core Data Protection Principles

Both EU and UK GDPR are built on the same foundational principles. Every business must comply with the following:

  • Lawfulness, Fairness & Transparency – data must be processed transparently and fairly

  • Purpose Limitation – data must only be collected for specified and legitimate reasons

  • Data Minimization – only collect what's necessary

  • Accuracy – data must be accurate and up to date

  • Storage Limitation – don’t store personal data longer than needed

  • Integrity & Confidentiality – data must be protected against loss, alteration, or unauthorized access

Practical Steps for GDPR Compliance 

For businesses operating under UK GDPR and/or EU GDPR, the following steps are crucial to ensure compliance:

  1. Conduct Data Audits: Regularly review data processing activities to identify the types of data collected, how it is processed, and who has access to it. This helps in maintaining accurate records and demonstrating compliance.

  2. Update Privacy Policies: Clearly articulate how personal data is collected, used, and shared in privacy policies. Ensure these policies are easily accessible to data subjects.

  3. Obtain Explicit Consent: Implement mechanisms to obtain clear and explicit consent from individuals before collecting their data. Use double opt-in procedures for email marketing and other data collection methods.

  4. Appoint Representatives: If your business operates in both the UK and the EU, appoint representatives in each jurisdiction to handle GDPR-related matters and liaise with regulatory bodies.

  5. Secure Data Transfers: Use appropriate safeguards for data transfers, such as standard contractual clauses (SCCs) or the International Data Transfer Agreement (IDTA) for UK transfers, to ensure data remains protected when transferred across borders.

  6. Implement Data Protection Measures: Adopt technical and organizational measures to protect personal data. This includes encryption, access controls, and regular security assessments to prevent data breaches.

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Use timestamped consent logs, especially for marketing purposes. Record the time, method, and scope of each consent. This protects you in case of audit or complaint.

Consequences of Non-Compliance 

Non-compliance with GDPR can result in serious financial and reputational damage:

Jurisdiction

Maximum Fine

EU GDPR

€20 million or 4% of global annual turnover

UK GDPR

£17.5 million or 4% of global annual turnover

Beyond fines, data breaches can erode customer trust, which is often harder to recover than revenue.

Summary

Complying with GDPR post-Brexit requires businesses to understand both the EU GDPR and the UK GDPR. Key actions include:

  • Running regular data audits

  • Keeping privacy documentation updated

  • Managing consents properly

  • Appointing regional GDPR contacts

  • Ensuring secure international data transfers

  • Adopting strong technical and organizational safeguards

These steps are essential to avoid legal risks and build lasting trust with customers in both markets.

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