UK GDPR and EU GDPR—extra-territorial reach
Produced in partnership with Aaron Simpson of Hunton Andrews Kurth and Bridget Treacy of Hunton Andrews Kurth
UK GDPR and EU GDPR—extra-territorial reach

The following Information Law practice note produced in partnership with Aaron Simpson of Hunton Andrews Kurth and Bridget Treacy of Hunton Andrews Kurth provides comprehensive and up to date legal information covering:

  • UK GDPR and EU GDPR—extra-territorial reach
  • Territorial scope under the GDPR regimes
  • Extra-territorial enforceability of the GDPR regimes
  • Complying with the GDPR regimes
  • Appointing a representative
  • Exceptions

On 31 January 2020, the UK ceased to be an EU Member State and entered the Brexit implementation period. This Practice Note provides a high-level overview of the provisions relating to extra-territorial reach and the appointment of representatives under:

  1. the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) regime (applicable under UK law until the end of the Brexit implementation period at 11 pm UK time on 31 December 2020—any references to EEA or EU states in this Practice Note should therefore be read to also include the UK until the end of that implementation period), and

  2. the Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime (applicable under UK law from the end of the Brexit implementation period on 31 December 2020)

The UK GDPR regime is heavily based on the EU GDPR (though with some adaptations). Where there is no need to distinguish the two regimes, this Practice Note refers to both as the ‘GDPR’ regimes for convenience. Given the extent of data flows between the EEA and UK and how long it takes for data protection cases to be resolved or historic issues to otherwise arise the EU GDPR regime is likely to remain of particular interest to UK practitioners.

For more detailed guidance on each regime, see Practice Notes: UK GDPR—extra-territorial reach and EU GDPR—extra-territorial reach.

For a general

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