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

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:
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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
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Supervisory Authorities:
EU: European Data Protection Board (EDPB)
UK: Information Commissioner’s Office (ICO)
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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
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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:
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.
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.
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.
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.
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.
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.

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.
