Mishcon's new "UK GDPR" pages

Posted on 23 February 2021

See the UK GDPR here.

The "UK GDPR" is an odd creature. It is now the law in the UK, but there isn't an "official" text as such – what there is is an amended version of the EU GDPR with "tracked changes", available as a Keeling Schedule on the Government pages. Those who can afford a costly subscription will find versions at some online legal libraries, but others have to try to negotiate their way through that Keeling Schedule.

For that reason, Mishcon de Reya is making available a new resource, which shows UK GDPR as it exists with all the amendments made, and all the "tracked changes" accepted. We stress that this resource does not have the status of law, and should not be relied on as such.

To explain further – by the effect of section 3 of the European Union (Withdrawal Act) 2018, the GDPR (Regulation (EU) 2016/679) was retained in United Kingdom law as "direct EU legislation". However, the effect of the Data Protection, Privacy and Electronic Communications (Amendments Etc.) (EU Exit) Regulations 2019, as amended by the Data Protection, Privacy and Electronic Communications (Amendments Etc.) (EU Exit) Regulations 2020, was, from 1 January 2021, immediately to make changes to the retained GDPR, and to refer to it as the "UK GDPR".

So we now have the UK GDPR, and the "EU GDPR".

In most cases, organisations who are doing business in the UK will need primarily to comply with the UK GDPR. We hope "our version" of it is helpful.

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