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Data protection definition

What does Data protection mean? In legal practice, data protection describes the rules governing how organisations collect, use, share, retain and secure personal data, including employees’ information. In the UK this regime is set by the UK GDPR and the Data Protection Act 2018; in Ireland by the EU GDPR and the Data Protection Act 2018 (Ireland). The label is descriptive; core concepts (personal data, controller, processor, special category data) and obligations are defined in legislation. In employment, the employer is typically the controller and must identify a lawful basis (for example, contract, legal obligation or legitimate interests) and, for special category data,...

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UK and EU GDPR for employee share schemes: lawful bases, consent, special category data, privacy notices, third-party sharing, international transfers and enforcement, with DUAA 2025 updates

Practice notes
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GDPR

On 31 January 2020, the UK left membership of the EU and EEA. From 1 January 2024, retained EU law still operative in UK legislation is renamed ‘assimilated law’, under section 5 of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023), and should generally be read through ordinary domestic legal principles. Consequently, ‘GDPR’ may denote either:

  • Regulation (EU) 2016/679, the General data protection Regulation (EU GDPR), which applied in UK law up to the close of the brexit implementation period (11 pm UK time on 31 December 2020) and continues to apply across the EEA—any mention of EEA or EU states in this Practice Note should therefore be taken to include the UK until that period ended
  • the Assimilated Regulation (EU) 2016/679, the Assimilated General Data Protection Regulation (UK GDPR), which has applied in UK law from the end of the implementation period

Given the scale of data transfers between the EEA and the UK, the EU GDPR framework will remain relevant to UK practitioners. The UK GDPR draws substantially from the EU GDPR and...

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Web page updated on 22/05/2026

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