UK GDPR compliant
The new UK-GDPR (General Data Protection Regulation) and amended Data Protection Act 2018 that took effect on January 31, 2020 affect how you as a website owner must obtain and store cookie consents from your visitors from the UK & EU.
This means that the core definitions and legal terminology now famous from the European GDPR, such as personal data and the rights of data subjects, controller and processor and their need for legal bases for processing like prior consent are all to be found in the UK-GDPR. However, the UK-GDPR does expand on -and deviate from- the EU GDPR in significant ways that will make changes to the legal landscape of data protection in the UK.
UK GDPR
What happens now that the UK has left the EU?
Now that the UK has left the EU, there is a transition period until the end of 2020 to allow time to negotiate a new relationship with the EU. During the transition period the GDPR will continue to apply in the UK. You should continue to follow existing guidance on the GDPR and monitor the ICO website for any developments in guidance during the remainder of the transition period.
What happens at the end of the transition period?
That depends on negotiations during the transition period.
The GDPR will be brought into UK law as the ‘UK GDPR’, but there may be further developments about how we deal with particular issues such as UK-EU transfers. The GDPR will be retained in domestic law at the end of the transition period, but the UK will have the independence to keep the framework under review
Will the GDPR still apply when we leave the EU?
The GDPR is an EU Regulation and, it will no longer apply to the UK from the end of the transition period. However, if you operate inside the UK, you will need to comply with UK data protection law. The GDPR has been incorporated into UK data protection law from the end of the transition period – so in practice there will be little change to the core data protection principles, rights and obligations found in the UK GDPR.
The EU GDPR may also still apply directly to you if you operate in Europe, offer goods or services to individuals in Europe, or monitor the behaviour of individuals in Europe.
The EU GDPR will still apply to any organisations in Europe who send you data, so you may need to help them decide how to transfer personal data to the UK in line with the UK GDPR.
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