Blog: The UK GDPR ( DPA 2018) Post Brexit What Business Need to Know – Lexology

Have you been wondering about how the introduction of the UK GDPR impacts your business? Read on to learn more about how the new data privacy and security law of UK applies to you.

Let’s start by understanding what the GDPR is?

The General Data Protection Regulation (GDPR) is among the toughest security and privacy laws in the world. Even though it was passed and drafted by the European Union (EU), organisations all over the world are imposed to abide by obligations as long as they are collecting or targeting data connected to people from the EU. However, the transition period after Brexit has ended, which means that the EU GDPR is no longer applicable in the UK. In the UK, it’s the Data Protection Act 2018 that controls the usage of personal information by businesses, organisations, or the government. It can be considered as the UK’s implementation of the GDPR. Anyone who is using personal data is required to follow ‘data protection principles. Read on to learn more about the UK DPA 2018.

Why should you care about the UK DPA 2018?

As per the DPA 2018, all the companies have to follow the ‘data protection policies, which require the information to be used transparently, lawfully, and fairly. Companies can use this information for explicit, specified purposes in a way that is relevant, adequate, limited to what is necessary. They are also responsible for keeping the information updated, accurate, and no longer than necessary. The personal information has to be handled with appropriate security, which includes protection from unauthorised or unlawful processing, loss of access, damage, or destruction.

For sensitive information like race, religious beliefs, ethnic background, political opinions, trade union membership, biometrics, genetics, health, or sexual orientation, strong legal protection has been provided. People have the right to find out the information that your company has been storing about you. By getting an understanding of the compliance rules of DPA, you can not only avoid fines and penalties but offer a better service to your users.

Who is affected by the UK DPA2018?

The DPA 2018 affects all the citizens living in the UK and the businesses based in the country. The DPA 2018 has enacted the requirements of EU GDPR into the UK law, which came into effect on 1st January 2021. The DPA 2018 was amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the DPPEC), which merged the EU GDPR requirements to create a new data protection regime for the UK.

This new regime is what is known as the UK GDPR. All the organisations based in the UK have to align their GDPR documentation, Privacy Policies, Third-party contracts, with UK GDPR’s requirements. Also, all the UK organisations offering services or goods to or monitoring the behaviour of EU residents must comply with the EU GDPR as well. After Brexit, the UK is considered to be a ‘third country’ – a name for all the countries that are outside the EEA although the EU has given adequacy to the UK for an agreed period.

How will the UK DPA 2018 impact your business in the UK?

The DPA 2018 is applicable to all the information your business is keeping on your customers, account holders, and staff. It will affect several business operations elements, including recruitment, marketing, managing staff records, collecting CCTV footage, etc. There are some additional protections you will have to apply to special category information. All types of personal data must be accurate, up to date, and adequately secured so that it satisfies the rights of your employees and customers. Depending on what type of transportation, processing, and storage of personal data your business works with, you will have to offer some level of pseudonymisation, segmentation, and encryption. You must hire special expertise to deal with the technical elements of the process and it is also beneficial to have an automated compliance platform to help you meet the demands of the increasing global data protection laws.

Conclusion

As per the UK-GDPR, all international organisations that have no UK registered entity within the UK that are processing the personal data of UK citizens must have appointed a UK representative from the 31st of December 2020. This is applicable to the EU/EEA businesses as well that process data of UK citizens without a UK registered entity. This representative will deal with all the issues related to the GDPR compliance and facilitate contact between the enquirer and represented entity. Having a representative will ensure that your company is in compliance with the UK GDPR regulations.

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