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

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 ISBN 978-0-11-117830-0

Part 1 (preliminary)

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4.—(1) Section 3 is amended as follows.

(2) In subsection (6), omit “Chapter 2 or 3 of” and “Chapter or”.

(3) In subsection (9)—

(a)for paragraph (a) substitute—

(a)the UK GDPR,;

(b)omit paragraph (b);

(c)in paragraph (e), for “the GDPR” substitute “the EU GDPR”.

(4) In subsection (10)—

(a)for “The GDPR” substitute “The UK GDPR”;

(b)for “(General Data Protection Regulation)” substitute “(United Kingdom General Data Protection Regulation), as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (and see section 205(4)(1))”.

(5) After subsection (10) insert—

(10A) “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..

(6) Omit subsection (11).

(7) In subsection (14)—

(a)for paragraph (a) substitute—

(a)references to the UK GDPR are to the UK GDPR read with Part 2;;

(b)omit paragraph (b);

(c)in paragraphs (c) and (d), omit “Chapter 2 or 3 of”.

(1)

Section 205(4) is inserted into the 2018 Act by these Regulations (see Sch. 2, para. 85(7)).

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