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Data Protection Act 2018
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- UK Public General Acts
- 2018 c. 12
- PART 2
- CHAPTER 3
- Application of the GDPR
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Changes over time for: Cross Heading: Application of the GDPR
Version Superseded: 25/05/2018
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- 23/05/2018- Amendment
- 23/05/2018
Point in time - 25/05/2018- Amendment
- 31/12/2020- Amendment
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Data Protection Act 2018, Cross Heading: Application of the GDPR is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Application of the GDPRU.K.
Valid from 25/05/2018
22Application of the GDPR to processing to which this Chapter appliesU.K.
(1)The GDPR applies to the processing of personal data to which this Chapter applies but as if its Articles were part of an Act extending to England and Wales, Scotland and Northern Ireland.
(2)Chapter 2 of this Part applies for the purposes of the applied GDPR as it applies for the purposes of the GDPR.
(3)In this Chapter, “the applied Chapter 2 ” means Chapter 2 of this Part as applied by this Chapter.
(4)Schedule 6 contains provision modifying—
(a)the GDPR as it applies by virtue of subsection (1) (see Part 1);
(b)Chapter 2 of this Part as it applies by virtue of subsection (2) (see Part 2).
(5)A question as to the meaning or effect of a provision of the applied GDPR, or the applied Chapter 2 , is to be determined consistently with the interpretation of the equivalent provision of the GDPR, or Chapter 2 of this Part, as it applies otherwise than by virtue of this Chapter, except so far as Schedule 6 requires a different interpretation.
23Power to make provision in consequence of regulations related to the GDPRU.K.
(1)The Secretary of State may by regulations make provision in connection with the processing of personal data to which this Chapter applies which is equivalent to that made by GDPR regulations, subject to such modifications as the Secretary of State considers appropriate.
(2)In this section, “GDPR regulations” means regulations made under section 2(2) of the European Communities Act 1972 which make provision relating to the GDPR.
(3)Regulations under subsection (1) may apply a provision of GDPR regulations, with or without modification.
(4)Regulations under subsection (1) may amend or repeal a provision of—
(a)the applied GDPR;
(b)this Chapter;
(c)Parts 5 to 7, in so far as they apply in relation to the applied GDPR.
(5)Regulations under this section are subject to the affirmative resolution procedure.
Commencement Information
I1S. 23 in force at Royal Assent for specified purposes, see s. 212(2)(f)
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