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ARTICLE · 30 AUGUST 2018

Do You Need To Update Your Contracts For The Data Protection Act 2018?

Gowling WLG
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Hot on the heels of the General Data Protection Regulation 2016 ("GDPR") coming into effect on 25 May 2018, the UK passed the Data Protection Act 2018 ("DPA") on 23 May 2018.

United KingdomPrivacy
Jocelyn S. Paulley
Jocelyn S. Paulley
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What is the Data Protection Act 2018?

Hot on the heels of the General Data Protection Regulation 2016 ("GDPR") coming into effect on 25 May 2018, the UK passed the Data Protection Act 2018 ("DPA") on 23 May 2018. The GDPR is directly effective, so needs no further UK legislation, so why has the government passed more legislation?

  • Brexit preparations. The DPA states that GDPR will apply in the UK. So, post Brexit, this will allow for continued application of GDPR standards in the UK's domestic law and there will be no question about any divergence in rules over processing personal data.
  • Derogations. The GDPR allows Member States to derogate from the GDPR in two areas. Firstly in areas where the European Commission does not typically look to assert its authority such as national security, healthcare, balancing the right to privacy with freedom of speech. Secondly to create exemptions from some of the data subject rights (e.g. exemptions to disclosing information

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