26th September 2017

The General Data Protection Regulation – It’s Coming Ready or Not

GDPR is going to be incorporated into the UK law and everyone doing business in the UK/EU even if they are located outside will be subject to its provisions.

The UK Data Protection Bill has started it passage through Parliament having been announced in the Queen’s Speech on 21 June 2017. It has had its first reading in the Lords with the second read scheduled to take place on 10 October 2017. The Regulation will be directly applicable to all Member States including the UK from 25 May 2018.

The Bill is intended to replace the 1998 Data Protection Act and according to the coverage is designed to provide “a comprehensive and modern framework for data protection in the UK, with stronger sanctions for malpractice”. It is intended to ensure that the UK and EU regimes are aligned following Brexit. The aim is to demonstrate that the UK is an adequate jurisdiction for data from the EU, and so will allow for data flows between the EU and the UK, particularly after Brexit.

There is a lot going on with this new data protection regime, and it is beyond this note to examine the changes at this time. The Regulation runs to 99 Articles spread over 88 pages. However, one should be aware that there are new rules relating to consent, enhanced protections for employees, (including erasure), the requirement for promulgated policies, and substantial increases in penalties for non-compliance and potentially criminal proceedings in relation the de-anonymising data.

We are constantly monitoring this legislation and are always available to advise businesses and individuals in relation to this new legislation. In addition, we plan to hold a seminar later this year to bring those attending up to date on the Regulation and to consider what businesses should be doing in anticipation of the Bill being passed in May 2018.

To register your interest, or to simply get some immediate advice on company and commercial law, please get in touch with Alex Lee who will be pleased to help. He can be reached at Tel: 01892 502 362 or Email: alee@bussmurton.co.uk

Alex Lee

Alex Lee