What is the difference between “GDPR” and “UK GDPR”?

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 1. What does “GDPR” mean?

“GDPR” means General Data Protection Regulations. The General Data Protection Regulation No.679 was adopted by the European Parliament and the Council of the European Union on 27 April 2016.

The European Data Protection Regulations became applicable as of 25 May, 2018. A regulation is a legal act of the European Union that becomes immediately enforceable as law in all EU member states simultaneously (Article 288 of the Treaty on the Functioning of the European Union).

This General Data Protection Regulation repealed Directive 95/46/EC (General Data Protection Regulation) on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). It is focused on the protection of individuals with regard to the processing of personal data. It also regulates the transfer of personal data outside of the EU and the EEA.

The purpose of Regulation No. 679 is to give individuals control over the processing of their personal data. It also unifies relevant regulations within the EU and makes clear standards and requirements for international data transactions. With reference to article 2 of the GDPR, “This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where a Member State’s law applies by virtue of public international law.”

2. What does “UK GDPR” mean?

“UK GDPR” is referred to as the UK General Data Protection Regulations. The United Kingdom joined the EU on 1 January 1973.

After 47 years, the UK became the first and only country that officially left the EU. After long-term negotiations, a final deal was agreed between the UK and the EU that defined their future relationships, that took effect at 23.00 GMT on 31 December 2020.

At the time of UK membership in the EU, organisations in the UK complied with General Data Protection Regulation No.679 alongside with the Data Protection Act 2018.

After 23.00GMT on 31 December 2020, the UK officially left the EU. However, the GDPR (certain clauses) was retained in UK law and became the UK GDPR. In the UK it is referred to as “UK legislation (originating from the EU).”

UK GDPR is supplemented by the Data Protection Act 2018. Together, these laws form the data protection regime in the UK.

3. Conclusions

  1. “GDPR” means General Data Protection Regulations.
  2. The General Data Protection Regulation No.679 is a legal act of the European Union that became enforceable as law in all EU member states. The European Data Protection Regulation entered into force in 2018.
  3. After the UK officially left the EU on the last calendar day of 2020, the GDPR has been retained in UK law as the UK GDPR referring to it as UK legislation (originating from the EU), supplemented by the Data Protection Act 2018.
  4. In order to avoid confusion in “GDPR” terminology, GDPR of the EU can be referred to as the “EU GDPR”, whereas “UK GDPR” implies that this GDPR (certain clauses) is part of UK legislation.

 

Author: Dr. Elizabeth Sushko-West
Published: 4 May 2021
Updated: 2 May 2022

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