Complying with UK GDPR and EU GDPR at the Same Time

Introduction

Data protection has become a central concern for organisations operating in an increasingly interconnected digital economy. The collection, use, and transfer of personal data are now subject to strict data protection regulations designed to protect individuals and ensure accountability across data processing operations. In Europe, the General Data Protection Regulation (GDPR) represents a comprehensive data protection framework that has reshaped how organisations approach data protection, data security, and governance. For businesses operating across borders, particularly between the European Union and the United Kingdom, compliance is no longer limited to a single legal framework.

The UK GDPR and EU GDPR are two prominent data protection regulations that organisations must comply with, especially when dealing with international data transfers and processing personal data. While both regimes originate from the same EU regulation, the UK’s exit from the European Union has resulted in a dual regulatory landscape. Organisations must now navigate both the EU GDPR, as an EU regulation applicable within the European Economic Area, and the UK GDPR, which applies under UK law alongside the UK Data Protection Act 2018. Understanding how these data protection laws interact is essential for maintaining compliance, protecting data subjects, and ensuring the free flow of such data across borders.

The General Data Protection Regulation is designed to safeguard the rights and freedoms of data subjects by establishing clear data protection principles, data protection obligations, and enforceable rights. Both the EU GDPR and UK GDPR aim to regulate the processing of personal data, including collecting personal data, processing personal data, and transferring personal data to third countries. However, subtle differences in domestic law, regulatory oversight, and international data transfers mean that organisations must carefully assess their data processing activities to demonstrate compliance in both jurisdictions.

Understanding the similarities and differences between the UK GDPR and EU GDPR is crucial for organisations to demonstrate compliance and maintain trust with customers, partners, and data protection authorities. The European Data Protection Board (EDPB) plays a key role in promoting consistency across the European Union by issuing guidance on data protection regulations, data protection principles, and cross-border data transfers. In parallel, the UK Information Commissioner’s Office (ICO) acts as the supervisory authority under the UK GDPR, providing guidance and enforcement within the UK legal framework. Together, these bodies shape how GDPR compliance is interpreted and applied in practice.

Key Principles of Data Protection

At the core of both the UK GDPR and EU GDPR are shared data protection principles that apply to all data processing activities. These core principles define how organisations must process data lawfully, fairly, and transparently, regardless of whether the data relates to UK data subjects or individuals located in an EU member state. The principles are designed to ensure accountability and protect individuals from misuse of their personal data throughout the data lifecycle.

Purpose limitation requires organisations to collect data for specified, explicit, and legitimate purposes and not further process data in a manner incompatible with those purposes. Data minimisation, sometimes referred to as data minimization, obliges organisations to ensure that personal data is adequate, relevant, and limited to what is necessary for the stated purpose. Storage limitation mandates that personal data be retained only as long as necessary for identifying data subjects. These principles apply equally under the data protection regulation GDPR in both the UK and EU contexts.

Accuracy, integrity, and confidentiality are also fundamental. Organisations must take reasonable steps to ensure personal data is accurate and up to date, while implementing appropriate technical and organisational measures to protect data security. This includes safeguards against unauthorised access, data breaches, and accidental loss. Accountability underpins all other principles, requiring data controllers to demonstrate compliance with data protection requirements through documentation, policies, and governance measures.

Lawful Bases for Processing

Both the UK GDPR and EU GDPR require organisations to establish a lawful basis before processing personal data. Lawful bases include explicit consent, performance of a contract, compliance with a legal obligation, protection of vital interests, tasks carried out in the public interest, and legitimate interests pursued by the data controller or a third party. Selecting the appropriate lawful basis is a critical compliance step, as it determines how data subject rights apply and how long data may be retained.

Organisations must clearly document which lawful basis applies to each data processing activity and ensure that this basis aligns with the purpose of processing. For example, relying on consent requires that consent be freely given, specific, informed, and unambiguous, with data subjects able to withdraw consent at any time. In contrast, processing based on legitimate interests requires a balancing test to ensure that the interests of the organisation do not override the rights and freedoms of data subjects.

The principles of data protection, including purpose limitation, data minimisation, and storage limitation, must be applied regardless of the lawful basis chosen. Data controllers and processors must collaborate to ensure that processing activities comply with data protection legislation and that sensitive data receives additional protection. This cooperative approach is essential for maintaining compliance across complex data processing operations involving multiple parties.

Data Subject Rights

Data subject rights are a cornerstone of GDPR and UK GDPR, empowering individuals to exercise control over their personal data. These rights apply to all data subjects whose data is processed under the scope of the regulations, whether under EU law or UK law. Respecting and facilitating these rights is a fundamental data protection obligation for organisations.

Key data subject rights include the right of access through subject access requests, the right to rectification, the right to erasure, the right to restrict processing, and the right to data portability. Data portability enables individuals to obtain their personal data in a structured, widely used, and machine-readable format, and to transfer that data to another data controller. The right to object to processing, particularly where processing is based on legitimate interests or direct marketing, is also critical.

Organisations must implement robust processes to handle data subject requests efficiently and within statutory time limits. This requires clear internal procedures, staff training, and appropriate technical systems. Transparency is equally important; data subjects must be informed about their rights, how their data is processed, and how to contact the data protection officer or supervisory authority. Clear privacy notices play a vital role in meeting these transparency requirements.

Data Subject Rights in Practice

In practice, responding to data subject requests can be operationally complex, particularly for organisations processing large volumes of data across multiple systems. Both the UK GDPR and EU GDPR require organisations to verify the identity of requesters, locate relevant data, and respond without undue delay. Failure to manage data subject rights effectively can result in regulatory scrutiny and enforcement action.

Organisations must ensure that their data processing activities are mapped and documented so that personal data can be located and retrieved efficiently. This is especially important for organisations operating in both the UK and the EU, where data may be stored or processed in different jurisdictions. Processes should also address scenarios involving automated decision-making, where data subjects have the right to request human intervention and contest decisions that significantly affect them.

Effective governance, supported by a data protection officer where required, helps organisations maintain compliance and demonstrate accountability. Regular reviews of data subject request handling, combined with audits and training, ensure that rights are respected consistently across both the UK and EU regulatory environments.

International Data Transfers

International data transfers are one of the most challenging aspects of complying with both the UK GDPR and EU GDPR. Transferring personal data outside the European Economic Area or the UK requires organisations to implement appropriate safeguards to ensure an equivalent level of data protection. This applies whether transferring data to third countries, international partners, or cloud service providers.

Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs) are among the most commonly used mechanisms for international data transfers. SCCs provide contractual obligations that protect personal data when transferred to third countries, while BCRs allow multinational organisations to transfer data within their corporate group. Organisations must also assess the legal environment of the recipient country and implement supplementary measures where necessary.

Both the UK and EU require risk assessments for cross-border data transfers, focusing on data security, access by public authorities, and enforceability of rights. These assessments are critical to maintaining compliance and protecting data subjects when transferring data beyond domestic law protections.

Data Transfers and Brexit

Brexit has introduced additional complexity to international data transfers between the UK and the EU. While the UK GDPR largely mirrors the EU GDPR, the UK is now considered a third country under EU regulation. Adequacy decisions issued by the European Commission and the UK government currently allow the free flow of personal data between both the UK and the EU, but organisations must monitor developments closely.

Differences in how SCCs are adopted and updated under the UK and EU frameworks require careful attention. The UK has its own international data transfer agreement and addendum, while the EU relies on updated SCCs approved by the European Data Protection Board. Organisations transferring data between the UK and the EU must ensure that the correct contractual mechanisms are in place.

Understanding these differences is essential for UK businesses and EU-based organisations alike. Failure to comply with data transfer requirements can expose organisations to enforcement action by data protection authorities and undermine trust with customers and partners.

GDPR Compliance and Governance

Strong governance structures are essential for achieving and maintaining GDPR compliance. Both the UK GDPR and EU GDPR require organisations to implement appropriate policies, procedures, and controls to ensure compliance with data protection rules. This involves keeping records of data processing activities, performing data protection impact assessments for high-risk processing, and integrating data protection into design and default settings.

Automated decision-making presents particular compliance challenges, as it can significantly affect data subjects. Organisations must ensure transparency, accuracy, and fairness in automated processing activities, while providing safeguards such as the right to human review. These requirements apply equally under GDPR and UK GDPR and are closely scrutinised by supervisory authorities.

Data protection officers play a critical role in overseeing compliance, advising on obligations, and acting as a point of contact with data protection authorities. Whether mandatory or voluntary, appointing a qualified data protection officer can strengthen governance and help organisations demonstrate compliance across both jurisdictions.

Data Breach and Incident Response

Data breaches pose significant risks to organisations, including regulatory fines, reputational damage, and loss of trust. Both the UK GDPR and EU GDPR impose strict obligations on organisations to detect, respond to, and report data breaches. Effective incident response is therefore a critical component of any comprehensive data protection framework.

Organisations must notify the relevant supervisory authority, such as the Information Commissioner’s Office or an EU data protection authority, within 72 hours of becoming aware of a personal data breach, unless the breach is unlikely to result in a risk to data subjects. Where there is a high risk, affected data subjects must also be informed without undue delay.

Incident response plans should be regularly tested and updated to reflect changes in systems, threats, and regulatory guidance. Preventative measures, including encryption, access controls, and staff training, are equally important for reducing the likelihood and impact of data breaches.

Both the UK and EU GDPR

Both the UK GDPR and EU GDPR require organisations to adopt a holistic approach to data protection. This includes implementing comprehensive data protection policies, conducting regular training, and ensuring ongoing monitoring of compliance. Data protection impact assessments are particularly important for identifying and mitigating risks associated with new or high-risk processing activities.

While the core principles and obligations are largely aligned, there are differences in how data protection by design and default is interpreted and enforced. Organisations operating in both the UK and the EU must be aware of guidance issued by the European Data Protection Board and the UK Information Commissioner’s Office to ensure consistent compliance.

Handling data subject access requests, managing sensitive data, and ensuring lawful processing across jurisdictions all require careful coordination. By aligning internal processes with both frameworks, organisations can reduce complexity and maintain compliance efficiently.

Conclusion

Complying with both the UK GDPR and EU GDPR requires a deep understanding of data protection regulations and a commitment to robust governance. Organisations must recognise the shared foundations of the two regimes while addressing differences arising from domestic law, supervisory authorities, and international data transfers.

By embedding data protection principles into everyday operations, implementing clear lawful bases for processing, and respecting data subject rights, organisations can demonstrate compliance and protect personal data effectively. Data protection is not a one-time exercise but an ongoing process of monitoring, review, and improvement.

Ultimately, organisations that invest in a comprehensive data protection framework will be better positioned to navigate regulatory complexity, maintain trust, and support sustainable growth in both the UK and European Union markets.