The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
(1) These Regulations may be cited as the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019.(2) Subject to paragraph (3) , they come into force on exit day.(3) Regulations 7 and 8 and Schedule 4 come into force on 29th March 2019.(4) An amendment, repeal or revocation made by these Regulations has the same extent in the United Kingdom as the provision to which it relates.
  • In these Regulations—
  • Schedule 1 amends the UK GDPR.
  • Schedule 2 amends the 2018 Act.
  • (1) Schedules 1 and 2 include modifications (“the GDPR merger modifications”) that merge the provisions relating to the processing of personal data that, immediately before F88IP completion day, are found in the EU GDPR and the applied GDPR, read with the 2018 Act.(2) Retained case law and retained general principles of EU law falling within paragraph (3) are not, by virtue of the GDPR merger modifications, to be treated as relevant to the UK GDPR or the 2018 Act as they apply to applied GDPR processing on and after F89IP completion day.the applied GDPR,the applied Chapter 2, orParts 5 to 7 of the 2018 Act so far as they apply to applied GDPR processing,(4) In this regulation—
    • the applied Chapter 2” means Chapter 2 of Part 2 of the 2018 Act as applied by Chapter 3 of that Part immediately before F91IP completion day (see section 22 of that Act) ;
    • the applied GDPR” means the EU GDPR as applied by Chapter 3 of Part 2 of the 2018 Act as it has effect immediately before F91IP completion day (see section 22 of that Act) ;
    • applied GDPR processing” means the processing of personal data to which the applied GDPR applied immediately before F91IP completion day (see section 21 of the 2018 Act) ;
    • the EU GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) as it has effect in EU law immediately before F91IP completion day;
    • retained case law” and “retained general principles of EU law” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 6(7) of that Act) .

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