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UK data protection under assimilated law: implications of the Retained EU Law (Revocation and Reform) Act 2023 for UK GDPR, DPA 2018, recitals, fundamental rights, supremacy and retained case law

Published on: 23 February 2024

Published by a LexisNexis Information Law expert
Legal News
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Article summary

A recap: What changes were already made in the period 2018–2020, as part of implementing Brexit?

At the point when EU rules ceased to apply in the UK (31 December 2020), the European Union (Withdrawal) Act 2018 (EU(W)A 2018) preserved EU-derived rights and duties within domestic legislation.

This covered the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), which was then recast as the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) under the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, SI 2019/419, reg 2.

The Data Protection Act 2018 (DPA 2018) likewise continued in force.

The EU law so preserved, together with UK measures that had implemented EU rights and obligations, formed a broad category of domestic law termed retained EU law.

Retained EU law was to be read as it had been when the UK was an EU member State.

Case law of the Court of Justice of the European Union from before the end of 2020 was also retained to assist in construing retained EU law and was relabelled retained EU case law...

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