UK GDPR vs. EU GDPR (2024): Understanding the Differences and Implications
Alexis Dessaints
11 mins
October 23, 2024
In today’s data-driven world, privacy laws like the General Data Protection Regulation (GDPR) of the European Union (EU) have become crucial for protecting personal information and maintaining consumer trust.
Following the UK's departure from the EU, the data protection legal framework was split into two. While the UK adopted its version of GDPR after Brexit (commonly referred to as UK GDPR), the EU continues to enforce the original GDPR within its member states. These regulations are similar, but differences are emerging post Brexit, particularly regarding GDPR compliance. The UK government is seeking to implement its own updates to data protection regulations.
Understanding the critical differences between the UK GDPR vs the EU GDPR is vital for businesses operating in the UK and the European Union (EU), who must navigate these GDPR changes in 2024.
When it comes to UK GDPR vs EU GDPR, both share a common foundation, but there are differences in how each regulation applies, particularly after Brexit. One key point to note is that irrespective of where your business is located, it needs a UK representative to be UK GDPR-compliant. The same applies to the EU, where an EU representative is required for organisations operating in the EU.
The table below outlines some key differences between UK GDPR vs EU GDPR in 2024:
The EU GDPR applies to any organisation within the European Economic Area (EEA), which includes all EU member states and three additional countries: Iceland, Liechtenstein, and Norway. This regulation applies to businesses regardless of their size and requires them to implement stringent data protection measures if they process the personal data of individuals residing within the EEA. This means firms outside the EEA must follow GDPR compliance regulations if they process EU residents' data or monitor their behaviour (such as through cookies or online profiling).
For example, an e-commerce company based in the US that sells products to EU customers must ensure compliance with EU GDPR provisions.
The broad scope of the EU GDPR makes it a global standard for data protection. Organisations worldwide must adopt GDPR risk compliance if they engage with EU customers, partners, or data subjects. Among other compliance measures of EU GDPR, they must ensure compliance with Article 30 or ROPA of the GDPR, which mandates keeping a record of all processing activities for accountability and transparency.
The UK GDPR applies exclusively within the United Kingdom, comprising England, Scotland, Wales, and Northern Ireland. Following Brexit, the UK adopted its version of GDPR. Brexit GDPR compliance is based mainly on the EU GDPR but has been tailored to reflect UK law.
The UK GDPR applies to organisations outside the UK if they offer goods or services to individuals in the UK or track their behaviour. For example, a European e-commerce company that sells products to UK customers must comply with the UK GDPR and the EU GDPR.
Studying the territorial scope of both GDPR frameworks is crucial for businesses operating internationally. Organisations must carefully consider the location of their customers and data subjects to determine whether they must follow EU GDPR, UK GDPR, or both.
Brexit has had a very deep impact on data protection. Before the UK left the EEA, businesses could follow a single regulatory framework for data protection across the UK and EU. As discussed above, because of Brexit, businesses operating in both jurisdictions must now follow two legal frameworks, adding complexity to compliance.
However, it is challenging to understand the difference in UK GDPR vs EU GDPR and ensure compliance with both regimes. While the basic principles of GDPR—such as transparency, data minimization, and accountability—remain the same, the potential for regulatory changes implies that businesses must stay up to date on developments in both regions.
The UK's exit from the EU also complicates data transfers, as the UK is now considered a third country under the EU GDPR. You must continue reading to explore the implications of this in the data transfer section below.
The Information Commissioner’s Office (ICO) is the central regulatory authority in the UK that enforces the UK GDPR. The ICO guides compliance, investigating data breaches, and enforcing action against organisations that violate data protection laws.
Under the UK GDPR, the ICO has multiple powers, including imposing fines, issuing warnings, and requiring organisations to stop processing personal data. In short, the ICO shapes UK-specific data protection policies, primarily as the UK explores GDPR changes in 2024.
One key role of the ICO is to promote public awareness of data protection rights. The ICO provides resources and guidance to help organisations understand their obligations under the UK GDPR and offers a self-assessment tool to check their risk assessment compliance.
In the EU, data protection enforcement is decentralised, and each member state has its own Data Protection Authority (DPA). These DPAs enforce the EU GDPR within their respective countries, ensuring that businesses follow the GDPR requirements.
DPAs collaborate to address cross-border issues and ensure consistent application of the GDPR across the EU. The European Data Protection Board (EDPB) facilitates cooperation between DPAs and issues guidelines to help organisations grasp how the GDPR should be interpreted.
For businesses operating in multiple EU countries, the DPA of the country where the organisation has its main establishment will act as the lead supervisory authority.
For example, a company headquartered in Portugal with operations across the EU would primarily deal with the Portugal supervisory authority. Still, it might also need to communicate with other DPAs if it processes data on individuals from other EU member states.
Before Brexit, personal data could flow freely between the UK and EU under the EU GDPR. However, with the UK now a third country, transfers of personal data from the EU to the UK follow additional rulings under the UK GDPR.
The European Commission issued an adequacy decision for the UK in 2021 to simplify data transfers, allowing personal data to continue flowing from the EU to the UK without additional safeguards, such as Standard Contractual Clauses (SCCs). However, this adequacy decision may be reviewed periodically and revoked if the UK diverges too far from EU data protection standards.
On the other hand, the UK GDPR recognizes the EU and EEA countries as providing adequate protection for personal data and allows the free flow of data from the UK to the EU, meaning no additional safeguards are required for data transfers to these countries.
Adequacy decisions are fundamental mechanisms under both the UK GDPR and the EU GDPR for facilitating the transfer of personal data to third countries. An adequacy decision means that the European Commission (for EU GDPR) or the UK government (for UK GDPR) has determined that a third country provides an equal level of data protection.
As mentioned earlier, the UK currently benefits from an EU adequacy decision, allowing personal data to flow freely from the EU to the UK. However, this decision is not permanent and is subject to review, especially if the UK significantly changes its data protection laws.
Conversely, the UK has granted adequacy status to several countries, including EU member states, under the UK GDPR. These decisions allow data to flow freely between the UK and these countries without additional safety mechanisms.
If no adequacy decision exists for a third country, businesses must use other procedures to ensure the legality of data transfers. Both the UK GDPR and EU GDPR provide for several transfer mechanisms, including:
Understanding and implementing the correct data transfer mechanisms is critical for businesses operating in the UK and EU to avoid regulatory investigation and potential penalties.
The UK GDPR and EU GDPR share a common legal heritage, but there are differences in enforcement and potential for future modification. The UK GDPR was initially created by "copying and pasting" the EU GDPR into UK law, but the UK government can make changes when needed.
The UK government is planning to bring about several changes to the GDPR in 2024. These changes include simplifying compliance for small businesses and modifying consent and data subject rights. If these changes are enacted, they could create further differences between the UK and EU GDPR.
One critical area is the UK’s outlook on national security and immigration. The UK has expressed a desire to introduce more flexibility in these areas, which could lead to more exemptions under the UK GDPR than exist under the EU GDPR. This transformation could impact the EU’s adequacy decision for the UK, leading to more complex data transfer requirements.
Organisations must maintain appropriate documentation to showcase accountability and compliance under the UK and EU GDPR. This includes keeping records of data processing activities, conducting Data Protection Impact Assessments (DPIAs), and ensuring transparency through privacy notices.
The UK GDPR and EU GDPR require businesses to implement compliance measures, such as appointing a Data Protection Officer (DPO) if they process large amounts of personal or sensitive data.
While these requirements are similar, the UK government is considering simplifying some requirements for small and medium-sized enterprises to reduce the administrative burden.
Both GDPR frameworks emphasise the importance of obtaining valid consent from data subjects. Consent must be freely given, specific, informed, and unambiguous. However, the UK government has indicated that it may revise the rules around consent to make them more business-friendly.
For example, one potential change could involve simplifying how businesses collect consent for certain low-risk data processing activities. GDPR frameworks allow data subjects to access their data, request corrections, and request the deletion of their data (the right to be forgotten). Additionally, individuals can object to certain types of data processing or portability.
While these rights are similar under both the UK and EU GDPR, businesses must be prepared to enforce requests from individuals in both jurisdictions.
The UK and EU GDPR require organisations to report personal data breaches to the relevant regulatory authority if the breach is likely to result in a risk to individuals’ rights and freedoms, the ICO under the UK GDPR, and the respective DPA under the EU GDPR.
Breaches must be reported within 72 hours of becoming aware of the incident. Failure to comply with these notification requirements can result in substantial fines.
For businesses operating in the UK and EU, it is crucial to ensure they notify the appropriate authorities in both jurisdictions if a breach affects individuals in both regions.
National security, immigration, and intelligence services are areas where the UK GDPR may diverge significantly from the EU GDPR in the future. The UK government has expressed interest in introducing exemptions to its GDPR framework that would allow greater flexibility for processing data in the context of national security and immigration control.
The UK could pursue a more lenient approach in this area. Any significant divergence in these areas could impact the EU’s adequacy decision for the UK, potentially leading to more restrictive data transfer rules between the two regions.
Navigating dual regulatory frameworks is the primary compliance challenge for businesses operating in the UK and the EU. While the UK GDPR and EU GDPR share many similarities, the potential for divergence means businesses must stay informed about changes in both jurisdictions.
Compliance involves more than just meeting the letter of the law—it also means understanding how enforcement practices differ between the ICO and EU DPAs. Businesses may need to implement distinct compliance programs for each jurisdiction, conduct regular audits, and ensure that their data transfer mechanisms are up to date.
Many businesses face the challenge of navigating dual regulations. For example, a UK-based business offering services to EU residents must comply with both the UK GDPR and the EU GDPR. This requires careful attention to regulatory requirements in both jurisdictions, including data subject rights, data transfers, and breach notifications.
One practical step businesses can take is to ensure they have a Data Protection Officer (DPO) and a DPO consultant knowledgeable about UK and EU GDPR. This DPO can help develop a comprehensive strategy that addresses the requirements of both regulations and ensures the business remains compliant.
There is also the potential for increased administrative overhead because businesses must establish dual reporting mechanisms for breaches and ensure their staff is trained to recognize the differences between the UK GDPR and EU GDPR.
To navigate the complexities of dual GDPR compliance, businesses should adopt the following strategies:
A UK-based company that processes customer data across the EU faces the challenge of complying with the UK GDPR and the EU GDPR. Post-Brexit, the EU’s adequacy decision for the UK simplifies data transfers between the UK and EU, meaning that mechanisms like Standard Contractual Clauses (SCCs) or the International Data Transfer Agreement (IDTA) are not required for these transfers.
However, the company must still navigate the different regulatory authorities in the UK and EU. In case of a data breach affecting both UK and EU customers, the company must report the violation to both the ICO and the relevant EU Data Protection Authorities (DPAs).
A global tech company successfully navigates dual GDPR compliance by implementing a unified data protection program that addresses the requirements of both the UK GDPR and EU GDPR. The company appoints a Data Protection Officer (DPO) with experience in both jurisdictions and conducts data protection impact assessments (DPIAs) to remain compliant.
The company uses Standard Contractual Clauses (SCCs) and IDTA regulations to handle cross-border data transfers and maintains robust documentation of its data processing activities. It also stays informed about regulatory changes in the UK and EU, ensuring it can adapt to new requirements.
Managing the complex scenarios of dual GDPR compliance can be tough, especially for businesses operating across the EEA and the UK. DPO Consulting offers services to help companies understand and comply with the UK and EU GDPR.
Our team of data protection experts can guide you on:
Our expertise can help ensure your business remains compliant with both regulatory frameworks, reducing the risk of fines and penalties.
Businesses must stay vigilant in understanding the evolving data protection landscape. While the UK GDPR and EU GDPR share many similarities, their potential for differentiating poses challenges for organisations operating in both jurisdictions. Understanding the major differences, particularly around data transfers, regulatory authorities, and documentation requirements, is essential for maintaining compliance.
By adopting a proactive approach—such as conducting audits, appointing knowledgeable DPOs, and staying informed about regulatory changes—businesses can successfully navigate the complexities of dual GDPR compliance and avoid costly penalties.
While the UK GDPR is primarily based on the EU GDPR, some differences exist, particularly as the UK government explores changes post-Brexit. The core principles remain the same, but future changes may lead to more differences.
The UK has its own version of the GDPR, called the UK GDPR. It applies to businesses operating in the UK and those outside the UK that offer goods or services to UK residents or monitor their behaviour.
The EU GDPR applies to any business outside the EU that offers goods or services to individuals in the EU, monitors their behaviour, or processes their data. Similarly, the UK GDPR applies to businesses outside the UK that target UK residents.
Yes, under the EU GDPR, the UK is now considered a third country. Data transfers from the EU to the UK are subject to adequacy decisions or other safeguards.
The GDPR provides a uniform framework across the EU. Still, individual member states have some flexibility to implement country-specific laws in certain areas, such as employee data or national security.
The UK GDPR is the equivalent of the EU GDPR, which governs how personal data is processed within the UK.
The Information Commissioner’s Office (ICO) is the supervisory authority responsible for enforcing the UK GDPR and overseeing data protection matters in the UK.
Until now, the UK GDPR remains very similar to the EU GDPR. However, the UK government is considering modifications, such as changes to consent rules, exemptions for small businesses, and handling of national security and immigration data, which could lead to more divergence in the future.
Investing in GDPR compliance efforts can weigh heavily on large corporations as well as smaller to medium-sized enterprises (SMEs). Turning to an external resource or support can relieve the burden of an internal audit on businesses across the board and alleviate the strain on company finances, technological capabilities, and expertise.
External auditors and expert partners like DPO Consulting are well-positioned to help organizations effectively tackle the complex nature of GDPR audits. These trained professionals act as an extension of your team, helping to streamline audit processes, identify areas of improvement, implement necessary changes, and secure compliance with GDPR.
Entrusting the right partner provides the advantage of impartiality and adherence to industry standards and unlocks a wealth of resources such as industry-specific insights, resulting in unbiased assessments and compliance success. Working with DPO Consulting translates to valuable time saved and takes away the burden from in-house staff, while considerably reducing company costs.
GDPR and Compliance
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