xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

U.K.

Statutory Instruments

2019 No. 419

Exiting The European Union

Data Protection

Electronic Communications

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

Made

28th February 2019

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 23(1) of, paragraph 1(1) of Schedule 4 to and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 F1, section 211(2) of the Data Protection Act 2018 F2 and section 2(2) of the European Communities Act 1972 F3.

In accordance with paragraph 3(1) of Schedule 4 to the European Union (Withdrawal) Act 2018, these Regulations are made with the consent of the Treasury.

The Secretary of State is a Minister designated for purposes of section 2(2) of the European Communities Act 1972 in respect of matters relating to electronic communications.

In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, section 211(5) of the Data Protection Act 2018 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

F31972. c. 68. Section 2 was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

Citation, commencement and extentU.K.

1.—(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.

Commencement Information

I1Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

InterpretationU.K.

2.  In these Regulations—

the 2018 Act” means the Data Protection Act 2018;

the UK 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 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.

Commencement Information

I2Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendment of the UK GDPRU.K.

3.  Schedule 1 amends the UK GDPR.

Commencement Information

I3Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendment of the Data Protection Act 2018U.K.

4.  Schedule 2 amends the 2018 Act.

Commencement Information

I4Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

GDPR merger modificationsU.K.

5.—(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 [F4IP 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 [F5IP completion day].

(3) Retained case law and retained general principles of EU law fall within this paragraph so far as they are, or are derived from, principles or decisions that are not relevant to any of the following immediately before [F6IP completion day]

(a)the applied GDPR,

(b)the applied Chapter 2, or

(c)Parts 5 to 7 of the 2018 Act so far as they apply to applied GDPR processing,

having regard (among other things) to the limits of EU competence immediately before [F6IP completion day].

(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 [F7IP 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 [F7IP 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 [F7IP 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 [F7IP 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).

Commencement Information

I5Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Consequential amendments of other legislationU.K.

6.  In Schedule 3—

(a)Part 1 revokes certain retained EU law;

(b)Part 2 contains amendments of primary legislation (as defined in section 211(7) of the 2018 Act) that are consequential on Schedules 1 and 2;

(c)Part 3 contains amendments of other legislation that are consequential on those Schedules;

(d)Part 4 contains modifications of legislation that are consequential on those Schedules;

(e)Part 5 contains supplementary provision.

Commencement Information

I6Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Amendments consequential on provisions of the 2018 ActU.K.

7.  Schedule 4 contains amendments consequential on provisions of the 2018 Act.

Commencement Information

I7Reg. 7 in force at 29.3.2019, see reg. 1(3)

Amendment of the Privacy and Electronic Communications Regulations 2003U.K.

8.—(1) Regulation 2 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 F8 is amended as follows.

(2) In paragraph (1), at the appropriate place, insert—

“consent” by a user or subscriber corresponds to the data subject's consent in the GDPR (as defined in section 3(10) of the Data Protection Act 2018);F9.

(3) Omit paragraph (3).

F9These regulations make a further amendment to this provision (see Sch. 3, para. 3).

Commencement Information

I8Reg. 8 in force at 29.3.2019, see reg. 1(3)

We consent to the making of these Regulations

Paul Maynard

Jeremy Quin

Two of the Lords Commissioners of Her Majesty's Treasury

Margot James

Minister of State

Department for Digital, Culture, Media and Sport

Regulation 3

SCHEDULE 1U.K.Amendments of the UK GDPR

IntroductionU.K.

1.  The UK GDPR is amended as follows.

Commencement Information

I9Sch. 1 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

2.  In the title of the Regulation, for “, and repealing Directive 95/46/EC (General Data Protection Regulation)”F10 substitute “(United Kingdom General Data Protection Regulation)”.U.K.

F10OJ L 281, 23.11.1995, p31-50.

Commencement Information

I10Sch. 1 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 1 (general provisions)U.K.

3.  In Article 1, omit paragraph 3.

Commencement Information

I11Sch. 1 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

4.—(1) Article 2 is amended as follows.U.K.

(2) For paragraph 1 substitute—

1.  This Regulation applies to the automated or structured processing of personal data, including—

(a)processing in the course of an activity which, immediately before [F11IP completion day], fell outside the scope of EU law, and

(b)processing in the course of an activity which, immediately before [F11IP completion day], fell within the scope of Chapter 2 of Title 5 of the Treaty on European Union (common foreign and security policy activities).

1A.  This Regulation also applies to the manual unstructured processing of personal data held by an FOI public authority..

(3) For paragraph 2 substitute—

2.  This Regulation does not apply to—

(a)the processing of personal data by an individual in the course of a purely personal or household activity;

(b)the processing of personal data by a competent authority for any of the law enforcement purposes (see Part 3 of the 2018 Act);

(c)the processing of personal data to which Part 4 of the 2018 Act (intelligence services processing) applies..

(4) Omit paragraph 3.

(5) In paragraph 4, for “Directive 2000/31/ECF12 to the end substitute “the Electronic Commerce (EC Directive) Regulations 2002 F13, in particular the provisions about mere conduits, caching and hosting (see regulations 17 to 19 of those Regulations).”.

(6) After paragraph 4 insert—

5.  In this Article—

(a)‘the automated or structured processing of personal data’ means—

(i)the processing of personal data wholly or partly by automated means, and

(ii)the processing otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system;

(b)‘the manual unstructured processing of personal data’ means the processing of personal data which is not the automated or structured processing of personal data;

(c)‘FOI public authority’ has the same meaning as in Chapter 3 of Part 2 of the 2018 Act (see section 21(5) of that Act);

(d)references to personal data ‘held’ by an FOI public authority are to be interpreted in accordance with section 21(6) and (7) of the 2018 Act;

(e)‘competent authority’ and ‘law enforcement purposes’ have the same meaning as in Part 3 of the 2018 Act (see sections 30 and 31 of that Act)..

F11Words in Sch. 1 para. 4(2) substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 4(2)

F12OJ L 178, 17/07/2000, p1-16.

Commencement Information

I12Sch. 1 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

5.—(1) Article 3 is amended as follows.U.K.

(2) In paragraph 1, for “the Union” (in both places) substitute “ the United Kingdom ”.

(3) In paragraph 2—

(a)before “processing” (in the first place) insert “ relevant ”;

(b)for “the Union” (in each place) substitute “ the United Kingdom ”.

(4) After paragraph 2 insert—

2A.  In paragraph 2, “relevant processing of personal data” means processing to which this Regulation applies, other than processing described in Article 2(1)(a) or (b) or (1A)..

(5) In paragraph 3—

(a)for “the Union” substitute “ the United Kingdom ”;

(b)for “Member State law” substitute “ domestic law ”.

Commencement Information

I13Sch. 1 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

6.—(1) Article 4 is amended as follows.U.K.

(2) Before paragraph (1) insert—

(A1) ‘the 2018 Act’ means the Data Protection Act 2018;

(A2) ‘domestic law’ means the law of the United Kingdom or of a part of the United Kingdom;

(A3) ‘the Commissioner’ means the Information Commissioner (see section 114 of the 2018 Act);.

(3) In paragraph (7), for “; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law” substitute “ (but see section 6 of the 2018 Act) ”.

(4) In paragraph (9), for “Union or Member State law” substitute “ domestic law ”.

(5) After paragraph (10) insert—

(10A) ‘public authority’ and ‘public body’ are to be interpreted in accordance with section 7 of the 2018 Act and provision made under that section;.

(6) Omit paragraph (16).

(7) In paragraph (17), for “the Union” substitute “ the United Kingdom ”.

(8) In paragraph (20), for “on the territory of a Member State” substitute “ in the United Kingdom ”.

(9) Omit paragraph (21).

(10) After paragraph (21) insert—

(21A) ‘foreign designated authority’ means an authority designated for the purposes of Article 13 of the Data Protection Convention (as defined in section 3 of the 2018 Act) by a party, other than the United Kingdom, which is bound by that Convention;.

(11) Omit paragraphs (22), (23) and (24).

(12) In paragraph (25), at the end insert “as it has effect immediately before [F14IP completion day].

(13) After paragraph (26) insert—

(27) ‘third country’ means a country or territory outside the United Kingdom;

(28) references to a fundamental right or fundamental freedom (however expressed) are to a fundamental right or fundamental freedom which continues to form part of domestic law on and after [F15IP completion day] by virtue of section 4 of the European Union (Withdrawal) Act 2018, as the right or freedom is amended or otherwise modified by domestic law from time to time on or after [F15IP completion day]..

F14Words in Sch. 1 para. 6(12) substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 4(3)(a)

F15Words in Sch. 1 para. 6(13) substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 4(3)(b)

Commencement Information

I14Sch. 1 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 2 (principles)U.K.

7.—(1) Article 6 is amended as follows.

(2) Omit paragraph 2.

(3) In paragraph 3—

(a)in the first subparagraph, for points (a) and (b) (and the colon before them) substitute “ domestic law ”;

(b)in the second subparagraph, for “The Union or Member State law” substitute “ The domestic law ”.

(4) In paragraph 4—

(a)for “a Union or Member State law” substitute “ domestic law ”;

(b)after “safeguard” insert “ national security, defence or any of ”.

Commencement Information

I15Sch. 1 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

8.—(1) Article 8 is amended as follows.U.K.

(2) In paragraph 1—

(a)for “16 years old” substitute “ 13 years old ”;

(b)for “of 16 years” substitute “ of 13 years ”;

(c)omit the second subparagraph.

(3) In paragraph 3, for “of Member States” substitute “ as it operates in domestic law ”.

(4) After paragraph 3 insert—

4.  In paragraph 1, the reference to information society services does not include preventive or counselling services..

Commencement Information

I16Sch. 1 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

9.—(1) Article 9 is amended as follows.U.K.

(2) In paragraph 2(a), for “Union or Member State law provide” substitute “ domestic law provides ”.

(3) In paragraph 2(b)—

(a)for “Union or Member State law” substitute “ domestic law ”;

(b)for “to Member State law” substitute “ to domestic law ”.

(4) In paragraph 2(g), for “Union or Member State law” substitute “ domestic law ”.

(5) In paragraph 2(h), for “Union or Member State law” substitute “ domestic law ”.

(6) In paragraph 2(i), for “Union or Member State law” substitute “ domestic law ”.

(7) paragraph 2(j)—

(a)after “Article 89(1)” insert “ (as supplemented by section 19 of the 2018 Act) ”;

(b)for “Union or Member State law” substitute “ domestic law ”.

(8) In paragraph 3, for “Union or Member State law” (in both places) substitute “ domestic law ”.

(9) After that paragraph insert—

3A.  In paragraph 3, ‘national competent bodies’ means competent bodies of the United Kingdom or a part of the United Kingdom..

(10) Omit paragraph 4.

(11) After that paragraph insert—

5.  In the 2018 Act—

(a)section 10 makes provision about when the requirement in paragraph 2(b), (g), (h), (i) or (j) of this Article for authorisation by, or a basis in, domestic law is met;

(b)section 11(1) makes provision about when the processing of personal data is carried out in circumstances described in paragraph 3 of this Article..

Commencement Information

I17Sch. 1 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

10.—(1) Article 10 is amended as follows.U.K.

(2) The existing text becomes paragraph 1.

(3) In that paragraph, for “Union or Member State law” substitute “ domestic law ”.

(4) After that paragraph insert—

2.  In the 2018 Act—

(a)section 10 makes provision about when the requirement in paragraph 1 of this Article for authorisation by domestic law is met;

(b)section 11(2) makes provision about the meaning of “personal data relating to criminal convictions and offences or related security measures”..

Commencement Information

I18Sch. 1 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 3 (rights of the data subject)U.K.

11.—(1) Article 12 is amended as follows.

(2) In paragraph 4, for “a supervisory authority” substitute “ the Commissioner ”.

(3) After paragraph 6 insert—

6A.  The Commissioner may publish (and amend or withdraw)—

(a)standardised icons for use in combination with information provided to data subjects under Articles 13 and 14;

(b)a notice stating that other persons may publish (and amend or withdraw) such icons, provided that the icons satisfy requirements specified in the notice as to the information to be presented by the icons and the procedures for providing the icons.

6B.  The Commissioner must not publish icons or a notice under paragraph 6A unless satisfied (as appropriate) that the icons give a meaningful overview of the intended processing in an easily visible, intelligible and clearly legible manner or that the notice will result in icons that do so..

(4) In paragraph 7—

(a)for “The information” substitute “ If standardised icons are published as described in paragraph 6A (and not withdrawn), the information ”;

(b)for “standardised” to “processing” substitute “ the icons ”.

(5) Omit paragraph 8.

Commencement Information

I19Sch. 1 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

12.—(1) Article 13 is amended as follows.U.K.

(2) In paragraph 1(f), for “an adequacy decision by the Commission” substitute “ relevant adequacy regulations under section 17A of the 2018 Act F16.

(3) In paragraph 2(d), for “a supervisory authority” substitute “ the Commissioner ”.

F16Section 17A is inserted into the 2018 Act by these Regulations (see Sch. 2, para. 23).

Commencement Information

I20Sch. 1 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

13.—(1) Article 14 is amended as follows.U.K.

(2) In paragraph 1(f), for “an adequacy decision by the Commission” substitute “ relevant adequacy regulations under section 17A of the 2018 Act ”.

(3) In paragraph 2(e), for “a supervisory authority” substitute “ the Commissioner ”.

(4) In paragraph 5(c), for “Union or Member State law to which the controller is subject and” substitute “ a provision of domestic law ”.

(5) In paragraph 5(d), for “Union or Member State law” substitute “ domestic law ”.

Commencement Information

I21Sch. 1 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

14.  In Article 15(1)(f), for “a supervisory authority” substitute “ the Commissioner ”.U.K.

Commencement Information

I22Sch. 1 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

15.—(1) Article 17 is amended as follows.U.K.

(2) In paragraph 1(e), for “in Union or Member State law to which the controller is subject” substitute “ under domestic law ”.

(3) In paragraph 3(b), for “by Union or Member State law to which the controller is subject” substitute “ under domestic law ”.

Commencement Information

I23Sch. 1 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

16.  In Article 18(2), omit “of the Union or of a Member State”.U.K.

Commencement Information

I24Sch. 1 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

17.  In Article 21(5)—U.K.

(a)omit “and notwithstanding Directive 2002/58/EC F17,”;

(b)at the end insert “ , notwithstanding domestic law made before [F18IP completion day] implementing Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector ”F19 .

F17OJ L 201, 31.7.2002, p37-47.

F18Words in Sch. 1 para. 17(b) substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 4(4)

Commencement Information

I25Sch. 1 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

18.—(1) Article 22 is amended as follows.U.K.

(2) In paragraph 2(b), for “authorised by Union or Member State law to which the controller is subject and” substitute “ required or authorised by domestic law ”.

(3) After paragraph 3 insert—

3A.  Section 14 of the 2018 Act, and regulations under that section, make provision to safeguard data subjects' rights, freedoms and legitimate interests in cases that fall within point (b) of paragraph 2 (but not within point (a) or (c) of that paragraph)..

Commencement Information

I26Sch. 1 para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

19.—(1) Article 23 is amended as follows.U.K.

(2) In paragraph 1—

(a)for “Union or Member State law to which the data controller or processor is subject may restrict by way of legislative measure” substitute “ The Secretary of State may restrict ”;

(b)omit points (a) and (b);

(c)in point (e)—

(i)omit “of the Union or of a Member State” in the first place it occurs;

(ii)for “of the Union or of a Member State”, in the second place it occurs, substitute “ of the United Kingdom ”.

(3) In paragraph 2, for “any legislative measure referred to in” substitute “ provision made in exercise of the power under ”.

(4) After that paragraph insert—

3.  The Secretary of State may exercise the power under paragraph 1 only by making regulations under section 16 of the 2018 Act..

Commencement Information

I27Sch. 1 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 4 (controller and processor)U.K.

20.  In Article 26(1), for “Union or Member State law to which the controllers are subject” substitute “ domestic law ”.

Commencement Information

I28Sch. 1 para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

21.—(1) Article 27 is amended as follows.U.K.

(2) In the heading, for “the Union” substitute “the United Kingdom.

(3) In paragraph 1, for “the Union” substitute “the United Kingdom.

(4) Omit paragraph 3.

(5) In paragraph 4, for “supervisory authorities” substitute “ the Commissioner ”.

Commencement Information

I29Sch. 1 para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

22.—(1) Article 28 is amended as follows.U.K.

(2) In paragraph 3—

(a)in the opening words, for “Union or Member State law” substitute “ domestic law ”;

(b)in point (a), for “Union or Member State law to which the processor is subject” substitute “ domestic law ”;

(c)in point (g), for “Union or Member State law” substitute “ domestic law ”;

(d)in the second subparagraph, for “other Union or Member State data protection provisions” substitute “ other domestic law relating to data protection ”.

(3) In paragraph 4, “for Union or Member State law” substitute “ domestic law ”.

(4) In paragraph 6, for “paragraphs 7 and 8” substitute “ paragraph 8 ”.

(5) Omit paragraph 7.

(6) In paragraph 8—

(a)for “A supervisory authority” substitute “ The Commissioner ”;

(b)omit “and in accordance with the consistency mechanism referred to in Article 63”.

Commencement Information

I30Sch. 1 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

23.  In Article 29, for “Union or Member State law” substitute “ domestic law ”.U.K.

Commencement Information

I31Sch. 1 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

24.—(1) Article 30 is amended as follows.U.K.

(2) In paragraph 1(g), after “Article 32(1)” insert “ or, as appropriate, the security measures referred to in section 28(3) of the 2018 Act ”.

(3) In paragraph 2(d), after “Article 32(1)” insert “ or, as appropriate, the security measures referred to in section 28(3) of the 2018 Act ”.

(4) In paragraph 4, for “the supervisory authority” substitute “ the Commissioner ”.

Commencement Information

I32Sch. 1 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

25.—(1) Article 31 is amended as follows.U.K.

(2) In the heading, for “the supervisory authority” substitute “ the Commissioner ”.

(3) For “the supervisory authority in the performance of its tasks” substitute “ the Commissioner in the performance of the Commissioner's tasks ”.

Commencement Information

I33Sch. 1 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

26.  In Article 32(4), for “Union or Member State law” substitute “ domestic law ”.U.K.

Commencement Information

I34Sch. 1 para. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

27.—(1) Article 33 is amended as follows.U.K.

(2) In the heading, for “the supervisory authority” substitute “ the Commissioner ”.

(3) In paragraph 1—

(a)for “the supervisory authority competent in accordance with Article 55” substitute “ the Commissioner ”;

(b)for “the notification to the supervisory authority” substitute “ the notification under this paragraph ”.

(4) In paragraph 5, for “the supervisory authority” substitute “ the Commissioner ”.

Commencement Information

I35Sch. 1 para. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

28.  In Article 34(4), for “the supervisory authority” substitute “ the Commissioner ”.U.K.

Commencement Information

I36Sch. 1 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

29.—(1) Article 35 is amended as follows.U.K.

(2) In paragraph 4—

(a)in the first sentence, for “The supervisory authority” substitute “ The Commissioner ”;

(b)omit the second sentence.

(3) In paragraph 5—

(a)in the first sentence, for “The supervisory authority” substitute “ The Commissioner ”;

(b)omit the second sentence.

(4) Omit paragraph 6.

(5) For paragraph 10 substitute—

10.  In the case of processing pursuant to point (c) or (e) of Article 6(1), paragraphs 1 to 7 of this Article do not apply if a data protection impact assessment has already been carried out for the processing as part of a general impact assessment required by domestic law, unless domestic law provides otherwise..

Commencement Information

I37Sch. 1 para. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

30.—(1) Article 36 is amended as follows.U.K.

(2) In paragraph 1, for “the supervisory authority” substitute “ the Commissioner ”.

(3) In paragraph 2—

(a)in the first sentence, for “the supervisory authority” (in both places) substitute “ the Commissioner ”;

(b)in the third sentence, for “The supervisory authority” substitute “ The Commissioner ”;

(c)in the last sentence, for “the supervisory authority has obtained information it” substitute “ the Commissioner has obtained information the Commissioner ”.

(4) In paragraph 3—

(a)in the opening words, for “the supervisory authority” (in both places) substitute “ the Commissioner ”;

(b)in point (f), for “the supervisory authority” substitute “ the Commissioner ”.

(5) In paragraph 4—

(a)for “Members States shall consult the supervisory authority” substitute “ The relevant authority must consult the Commissioner ”;

(b)for “a national parliament” substitute “ Parliament, the National Assembly for Wales, the Scottish Parliament or the Northern Ireland Assembly ”.

(6) After that paragraph insert—

4A.  In paragraph 4, “the relevant authority” means—

(a)in relation to a legislative measure adopted by Parliament, or a regulatory measure based on such a legislative measure, the Secretary of State;

(b)in relation to a legislative measure adopted by the National Assembly for Wales, or a regulatory measure based on such a legislative measure, the Welsh Ministers;

(c)in relation to a legislative measure adopted by the Scottish Parliament, or a regulatory measure based on such a legislative measure, the Scottish Ministers;

(d)in relation to a legislative measure adopted by the Northern Ireland Assembly, or a regulatory measure based on such a legislative measure, the relevant Northern Ireland department..

(7) Omit paragraph 5.

Commencement Information

I38Sch. 1 para. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

31.—(1) Article 37 is amended as follows.U.K.

(2) In paragraph 4, omit “or, where required by Union or Member State law shall,”.

(3) In paragraph 7, for “the supervisory authority” substitute “ the Commissioner ”.

Commencement Information

I39Sch. 1 para. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

32.  In Article 38(5), for “Union or Member State law” substitute “ domestic law ”.U.K.

Commencement Information

I40Sch. 1 para. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

33.—(1) Article 39 is amended as follows.U.K.

(2) In paragraph 1(a) and (b), for “other Union or Member State data protection provisions” substitute “ other domestic law relating to data protection ”.

(3) In paragraph 1(d) and (e), for “the supervisory authority” substitute “ the Commissioner ”.

Commencement Information

I41Sch. 1 para. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

34.—(1) Article 40 is amended as follows.U.K.

(2) In paragraph 1, for “The Member States, the supervisory authorities, the Board and the Commission” substitute “ The Commissioner ”.

(3) In paragraph 2(i), for “supervisory authorities” substitute “ the Commissioner ”.

(4) In paragraph 3, omit “and having general validity pursuant to paragraph 9 of this Article”.

(5) In paragraph 4, for “supervisory authorities competent pursuant to Article 55 or 56” substitute “ the Commissioner ”.

(6) In paragraph 5—

(a)for “the supervisory authority which is competent pursuant to Article 55. The supervisory authority” substitute “ the Commissioner, who ”;

(b)for “it finds” substitute “ the Commissioner finds ”.

(7) In paragraph 6, for “and where the code of conduct concerned does not relate to processing activities in several Member States, the supervisory authority” substitute “ the Commissioner ”.

(8) Omit paragraphs 7, 8, 9, 10 and 11.

Commencement Information

I42Sch. 1 para. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

35.—(1) Article 41 is amended as follows.U.K.

(2) In paragraph 1, for “the competent supervisory authority” (in both places) substitute “ the Commissioner ”.

(3) In paragraph 2(a) and (d), for “the competent supervisory authority” substitute “ the Commissioner ”.

(4) Omit paragraph 3.

(5) In paragraph 4, for “the competent supervisory authority” (in both places) substitute “ the Commissioner ”.

(6) In paragraph 5, for “The competent supervisory authority” substitute “ The Commissioner ”.

Commencement Information

I43Sch. 1 para. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

36.—(1) Article 42 is amended as follows.U.K.

(2) In paragraph 1—

(a)for “The Member States, the supervisory authorities, the Board and the Commission” substitute “ The Commissioner ”;

(b)omit “, in particular at Union level,”.

(3) In paragraph 4, for “the supervisory authorities which are competent pursuant to Article 55 or 56” substitute “ the Commissioner ”.

(4) In paragraph 5—

(a)for “the competent supervisory authority” substitute “ the Commissioner ”;

(b)for “that competent supervisory authority” substitute “ the Commissioner ”;

(c)omit “or by the Board pursuant to Article 63” and the second sentence.

(5) In paragraph 6, for “the competent supervisory authority” substitute “ the Commissioner ”.

(6) In paragraph 7, for “the competent supervisory authority” substitute “ the Commissioner ”.

(7) In paragraph 8, for “The Board” substitute “ The Commissioner ”.

Commencement Information

I44Sch. 1 para. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

37.—(1) Article 43 is amended as follows.U.K.

(2) In paragraph 1—

(a)in the opening words—

(i)for “the competent supervisory authority” substitute “ the Commissioner ”;

(ii)for “the supervisory authority” substitute “ the Commissioner ”;

(iii)for “Members States shall ensure that those certification bodies are” substitute “ In accordance with section 17 of the 2018 Act, those certification bodies may only be ”;

(b)for point (a) substitute—

(a)the Commissioner;;

(c)in point (b)—

(i)for “the national accreditation body” substitute “ the UK national accreditation body ”;

(ii)for “the supervisory authority which is competent pursuant to Article 55 or 56” substitute “ the Commissioner ”.

(3) In paragraph 2—

(a)in point (a), for “the competent supervisory authority” substitute “ the Commissioner ”;

(b)in point (b), for “the supervisory authority” to the end substitute “ the Commissioner ”;

(c)in point (e), for “the competent supervisory authority” substitute “ the Commissioner ”.

(4) In paragraph 3, for “the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63” substitute “ the Commissioner ”.

(5) In paragraph 5, for “the competent supervisory authorities” substitute “ the Commissioner ”.

(6) In paragraph 6—

(a)for “the supervisory authority” substitute “ the Commissioner ”;

(b)omit from “The supervisory authorities” to the end.

(7) In paragraph 7, for “the competent supervisory authority or the national accreditation body” substitute “ the Commissioner or the UK national accreditation body ”.

(8) Omit paragraphs 8 and 9.

Commencement Information

I45Sch. 1 para. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 5 (transfers of personal data to third countries or international organisations)U.K.

38.—(1) Article 45 is amended as follows.

(2) In paragraph 1, for “where the Commission” to the end of the first sentence substitute “ where it is based on adequacy regulations (see section 17A of the 2018 Act) ”.

(3) In paragraph 2—

(a)for “, the Commission” substitute “ for the purposes of sections 17A and 17B F20 of the 2018 Act, the Secretary of State ”;

(b)in point (b), for “the supervisory authorities of the Member States” substitute “ the Commissioner ”.

(4) Omit paragraphs 3, 4, 5 and 6.

(5) In paragraph 7, for “A decision pursuant to paragraph 5 of this Article” substitute “ The amendment or revocation of regulations under section 17A of the 2018 Act ”.

(6) Omit paragraphs 8 and 9.

F20Section 17B is inserted into the 2018 Act by these Regulations (see Sch. 2, para. 23).

Commencement Information

I46Sch. 1 para. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

39.—(1) Article 46 is amended as follows.U.K.

(2) In paragraph 1, for “a decision pursuant to Article 45(3)” substitute “ adequacy regulations under section 17A of the 2018 Act ”.

(3) In paragraph 2—

(a)for “a supervisory authority” substitute “ the Commissioner ”;

(b)for paragraph (c) substitute—

(c)standard data protection clauses specified in regulations made by the Secretary of State under section 17C F21 of the 2018 Act and for the time being in force;;

(c)for paragraph (d) substitute—

(d)standard data protection clauses specified in a document issued (and not withdrawn) by the Commissioner under section 119A F22 of the 2018 Act and for the time being in force;.

(4) In paragraph 3, for “Subject to the authorisation from the competent supervisory authority” substitute “ With authorisation from the Commissioner ”.

(5) Omit paragraphs 4 and 5.

F21Section 17C is inserted into the 2018 Act by these Regulations (see Sch. 2, para. 23).

F22Section 119A is inserted into the 2018 Act by these Regulations (see Sch. 2, para. 51).

Commencement Information

I47Sch. 1 para. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

40.—(1) Article 47 is amended as follows.U.K.

(2) In paragraph 1—

(a)for “The competent supervisory authority” substitute “ The Commissioner ”;

(b)omit “in accordance with the consistency mechanism set out in Article 63”.

(3) In paragraph 2(e), for “the competent supervisory authority and before the competent courts of the Member States in accordance with Article 79” substitute “ the Commissioner and before a court in accordance with Article 79 (see section 180 of the 2018 Act) ”.

(4) In paragraph 2(f)—

(a)for “established on the territory of a Member State” substitute “ established in the United Kingdom ”;

(b)for “not established in the Union” substitute “ not established in the United Kingdom ”.

(5) In paragraph 2(j), for “the competent supervisory authority” substitute “ the Commissioner ”.

(6) In paragraph 2(k), for “the supervisory authority” substitute “ the Commissioner ”.

(7) In paragraph 2(l), for “the supervisory authority” (in both places) substitute “ the Commissioner ”.

(8) In paragraph 2(m), for “the competent supervisory authority” substitute “ the Commissioner ”.

(9) Omit paragraph 3.

Commencement Information

I48Sch. 1 para. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

41.  Omit Article 48.U.K.

Commencement Information

I49Sch. 1 para. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

42.—(1) Article 49 is amended as follows.U.K.

(2) In paragraph 1—

(a)in the opening words, for “an adequacy decision pursuant to Article 45(3)” substitute “ adequacy regulations under section 17A of the 2018 Act ”;

(b)in point (g), for “Union or Member State law” (in both places) substitute “ domestic law ”;

(c)in the second subparagraph, for “the supervisory authority” substitute “ the Commissioner ”.

(3) In paragraph 4, for “shall be recognised in Union law or in the law of the Member State to which the controller is subject” substitute “ must be public interest that is recognised in domestic law (whether in regulations under section 18(1) of the 2018 Act or otherwise) ”.

(4) Omit paragraph 5.

(5) After that paragraph insert—

5A.  This Article and Article 46 are subject to restrictions in regulations under section 18(2) of the 2018 Act..

Commencement Information

I50Sch. 1 para. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

43.  In Article 50, for “the Commission and supervisory authorities” substitute “ the Commissioner ”.U.K.

Commencement Information

I51Sch. 1 para. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 6 (independent supervisory authorities)U.K.

44.  For the heading of Chapter 6 substitute “ The Commissioner ”.

Commencement Information

I52Sch. 1 para. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

45.—(1) Article 51 is amended as follows.U.K.

(2) For the heading, substitute “ Monitoring the application of this Regulation ”.

(3) In paragraph 1—

(a)for “Each Member State shall provide for one or more independent public authorities to be” substitute “ The Commissioner is ”;

(b)omit “within the Union (“supervisory authority”)”.

(4) Omit paragraphs 2, 3 and 4.

Commencement Information

I53Sch. 1 para. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

46.—(1) Article 52 is amended as follows.U.K.

(2) In paragraph 1—

(a)for “Each supervisory authority” substitute “ The Commissioner ”;

(b)omit “its” (in both places).

(3) In paragraph 2—

(a)for “The member or members of each supervisory authority” substitute “ The Commissioner ”;

(b)omit “their” (in both places).

(4) In paragraph 3—

(a)for “Member or members of each supervisory authority” substitute “ The Commissioner ”;

(b)for “their duties” substitute “ the Commissioner's duties ”;

(c)for “during their term of office” substitute “ while holding office ”.

(5) Omit paragraphs 4, 5 and 6.

Commencement Information

I54Sch. 1 para. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

47.  Omit Article 53.U.K.

Commencement Information

I55Sch. 1 para. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

48.  Omit Article 54.U.K.

Commencement Information

I56Sch. 1 para. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

49.  In the heading of section 2 of Chapter 6, for “Competence, tasks” substitute “ Tasks ”.U.K.

Commencement Information

I57Sch. 1 para. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

50.  Omit Article 55.U.K.

Commencement Information

I58Sch. 1 para. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

51.  Omit Article 56.U.K.

Commencement Information

I59Sch. 1 para. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

52.—(1) Article 57 is amended as follows.U.K.

(2) In paragraph 1—

(a)for “each supervisory authority shall on its territory” substitute “ the Commissioner must ”;

(b)in point (c), for “, in accordance with Member State law, the national parliament” substitute “ Parliament ”;

(c)in point (e), for “the supervisory authorities in other Member States” substitute “ foreign designated authorities ”;

(d)in point (f), for “another supervisory authority” substitute “ a foreign designated authority ”;

(e)omit point (g);

(f)in point (h), for “another supervisory authority” substitute “ a foreign designated authority ”;

(g)in point (j), after “and” insert “ issue standard data protection clauses referred to ”;

(h)after point (o) insert—

(oa)maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of controllers or processors established in third countries and certified pursuant to Article 42(7);;

(i)omit point (t).

(3) In paragraph 2, for “Each supervisory authority” substitute “ The Commissioner ”.

(4) In paragraph 3, for “the tasks of each supervisory authority shall be” substitute “ the Commissioner's tasks is to be ”.

(5) In paragraph 4, for “supervisory authority” (in both places) substitute “ Commissioner ”.

Commencement Information

I60Sch. 1 para. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

53.—(1) Article 58 is amended as follows.U.K.

(2) In paragraph 1—

(a)for “Each supervisory authority shall have” substitute “ The Commissioner has ”;

(b)in point (e), for “its” substitute “the Commissioner's”;

(c)in point (f), for “Union or Member State procedural law” substitute “ domestic law ”.

(3) In paragraph 2, for “Each supervisory authority shall have” substitute “ The Commissioner has ”.

(4) In paragraph 3—

(a)for “Each supervisory authority shall have” substitute “ The Commissioner has ”;

(b)in point (b)—

(i)for “its” substitute “the Commissioner's”;

(ii)for “the national parliament, the Member State government or, in accordance with Member State law, to” substitute “ Parliament, the government or ”;

(c)omit point (c)

(5) After paragraph 3 insert—

3A.  In the 2018 Act, section 115(4) to (9) provide that the Commissioner's functions under this Article are subject to certain safeguards..

(6) Omit paragraphs 4, 5 and 6.

Commencement Information

I61Sch. 1 para. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

54.  In Article 59—U.K.

(a)for “Each supervisory authority” substitute “ The Commissioner ”;

(b)for “its” substitute “the Commissioner's”;

(c)for the second sentence substitute “ The Commissioner must arrange for those reports to be laid before Parliament and send a copy to the Secretary of State. ”;

(d)omit “, to the Commission and to the Board”.

Commencement Information

I62Sch. 1 para. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 7 (cooperation and consistency)U.K.

55.  Omit Articles 60 to 76 and the headings for, and for the sections of, Chapter 7.

Commencement Information

I63Sch. 1 para. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 8 (remedies, liability and penalties)U.K.

56.—(1) Article 77 is amended as follows.

(2) In the heading, for “a supervisory authority” substitute “ the Commissioner ”.

(3) In paragraph 1, for “a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement” substitute “ the Commissioner ”.

(4) In paragraph 2, for “The supervisory authority with which the complaint has been lodged” substitute “ The Commissioner ”.

Commencement Information

I64Sch. 1 para. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

57.—(1) Article 78 is amended as follows.U.K.

(2) In the heading, for “a supervisory authority” substitute “ the Commissioner ”.

(3) In paragraph 1, for “a supervisory authority” substitute “ the Commissioner ”.

(4) In paragraph 2, for “the supervisory authority which is competent pursuant to Articles 55 and 56” substitute “ the Commissioner ”.

(5) Omit paragraph 3.

(6) Omit paragraph 4.

Commencement Information

I65Sch. 1 para. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

58.—(1) Article 79 is amended as follows.U.K.

(2) In paragraph 1, for “a supervisory authority” substitute “ the Commissioner ”.

(3) Omit paragraph 2.

Commencement Information

I66Sch. 1 para. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

59.—(1) Article 80 is amended as follows.U.K.

(2) In paragraph 1—

(a)for the words from “a not-for profit” to “their personal data” substitute “ a body or other organisation which meets the conditions in section 187(3) and (4) of the 2018 Act ”;

(b)omit “where provided for by Member State law”.

(3) In paragraph 2—

(a)for “Member States” substitute “ The Secretary of State ”;

(b)omit “, in that Member State,”;

(c)for “the supervisory authority which is competent pursuant to Article 77” substitute “ the Commissioner ”.

(4) After that paragraph insert—

3.  The Secretary of State may exercise the power under paragraph 2 of this Article only by making regulations under section 190 of the 2018 Act..

Commencement Information

I67Sch. 1 para. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

60.  Omit Article 81.U.K.

Commencement Information

I68Sch. 1 para. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

61.  In Article 82, omit paragraph 6.U.K.

Commencement Information

I69Sch. 1 para. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

62.—(1) Article 83 is amended as follows.U.K.

(2) In paragraph 1, for “Each supervisory authority” substitute “ The Commissioner ”.

(3) In paragraph 2—

(a)in point (f), for “the supervisory authority” substitute “ the Commissioner ”;

(b)in point (h), for “the supervisory authority” substitute “ the Commissioner ”.

(4) In paragraph 4, for “10 000 000 EUR” substitute “ £8,700,000 ”.

(5) In paragraph 5—

(a)for “20 000 000 EUR” substitute “ £17,500,000 ”;

(b)for point (d) substitute—

(d)any obligations under Part 5 or 6 of Schedule 2 to the 2018 Act or regulations made under section 16(1)(c) of the 2018 Act;;

(c)in point (e), for “the supervisory authority” substitute “ the Commissioner ”.

(6) In paragraph 6—

(a)for “the supervisory authority” substitute “ the Commissioner ”;

(b)for “20 000 000 EUR” substitute “ £17,500,000 ”.

(7) Omit paragraphs 7, 8 and 9.

(8) After paragraph 9 insert—

10.  In the 2018 Act, section 115(9) makes provision about the exercise of the Commissioner's functions under this Article..

Commencement Information

I70Sch. 1 para. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

63.  In Article 84, for paragraphs 1 and 2 substitute—U.K.

Part 6 of the 2018 Act makes further provision about penalties applicable to infringements of this Regulation..

Commencement Information

I71Sch. 1 para. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 9 (provisions relating to specific processing situations)U.K.

64.—(1) Article 85 is amended as follows.

(2) Omit paragraph 1.

(3) In paragraph 2—

(a)for “Members States shall” substitute “ the Secretary of State may ”;

(b)for “independent supervisory authorities” substitute “ the Commissioner ”;

(c)omit “, Chapter VII (cooperation and consistency)”.

(4) After that paragraph insert—

2A.  The Secretary of State may exercise the power under paragraph 2 of this Article only by making regulations under section 16 of the 2018 Act..

(5) Omit paragraph 3.

Commencement Information

I72Sch. 1 para. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

65.—(1) Article 86 is amended as follows.U.K.

(2) The existing text becomes paragraph 1.

(3) In that paragraph, for “Union or Member State law” substitute “ domestic law ”.

(4) After that paragraph insert—

2.  Chapter 3 of Part 2 of the 2018 Act makes provision about the application of this Regulation to the manual unstructured processing of personal data held by an FOI public authority (as defined in Article 2)..

Commencement Information

I73Sch. 1 para. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

66.  After Article 86 insert—U.K.

Article 86A

Processing and national security and defence

Chapter 3 of Part 2 of the 2018 Act makes provision about the application of this Regulation where processing is carried out, or exemption from a provision of this Regulation is required, for the purposes of safeguarding national security or for defence purposes..

Commencement Information

I74Sch. 1 para. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

67.  Omit Article 87.U.K.

Commencement Information

I75Sch. 1 para. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

68.  Omit Article 88.U.K.

Commencement Information

I76Sch. 1 para. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

69.—(1) Article 89 is amended as follows.U.K.

(2) After paragraph 1 insert—

1A.  In the 2018 Act, section 19 makes provision about when the requirements in paragraph 1 are satisfied..

(3) Omit paragraphs 2, 3 and 4.

Commencement Information

I77Sch. 1 para. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

70.  Omit Article 90.U.K.

Commencement Information

I78Sch. 1 para. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

71.  Omit Article 91.U.K.

Commencement Information

I79Sch. 1 para. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 10 (delegated acts and implementing acts)U.K.

72.  Omit Articles 92 and 93 and the heading for Chapter 10.

Commencement Information

I80Sch. 1 para. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Chapter 11 (final provisions)U.K.

73.—(1) Article 94 is amended as follows.

(2) Omit paragraph 1.

(3) In paragraph 2—

(a)in the first sentence, for “the repealed Directive” substitute “ Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (which ceased to have effect on 25th May 2018) ”;

(b)in the second sentence, for “by this Regulation” substitute “ by the EU GDPR (as defined in section 3 of the 2018 Act) ”F23 .

F23The definition of the EU GDPR is inserted into section 3 of the 2018 Act by these Regulations (see Sch. 2, para. 4(5)).

Commencement Information

I81Sch. 1 para. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

74.—(1) Article 95 is amended as follows.U.K.

(2) For “the Union” substitute “ the United Kingdom ”.

(3) For “Directive 2002/58/EC” substitute “ domestic law made before [F24IP completion day] implementing Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector ”.

F24Words in Sch. 1 para. 74(3) substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 4(5)

Commencement Information

I82Sch. 1 para. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

75.—(1) Article 96 is amended as follows.U.K.

(2) For “Member States” substitute “ the United Kingdom or the Commissioner ”.

(3) For “Union law” substitute “ domestic law ”.

Commencement Information

I83Sch. 1 para. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

76.  Omit Article 97.U.K.

Commencement Information

I84Sch. 1 para. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

77.  Omit Article 98.U.K.

Commencement Information

I85Sch. 1 para. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

78.  Omit Article 99.U.K.

Commencement Information

I86Sch. 1 para. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

79.  Omit the sentence following Article 99.U.K.

Commencement Information

I87Sch. 1 para. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

SupplementaryU.K.

80.  It is not to be presumed, by virtue of the revocation of a provision by this Schedule, that the provision was applicable to the United Kingdom immediately before [F25IP completion day] (and so would, but for this Schedule, be part of the UK GDPR).

F25Words in Sch. 1 para. 80 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 4(6)

Commencement Information

I88Sch. 1 para. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Regulation 4

SCHEDULE 2U.K.Amendments of the Data Protection Act 2018

IntroductionU.K.

1.  The Data Protection Act 2018 is amended as follows.

Commencement Information

I89Sch. 2 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Part 1 (preliminary)U.K.

2.—(1) Section 1 is amended as follows.

(2) In subsection (2), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (3), for “GDPR” to the end substitute “ UK GDPR ”.

(4) In subsection (4), omit “and implements the Law Enforcement Directive”.

Commencement Information

I90Sch. 2 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

3.  In section 2(1) and (2), for “GDPR, the applied GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I91Sch. 2 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

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

(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) F26) ”.

(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”.

F26Section 205(4) is inserted into the 2018 Act by these Regulations (see Sch. 2, para. 85(7)).

Commencement Information

I92Sch. 2 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Part 2 (general processing) (other than Schedules 1 to 6)U.K.

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

(2) In subsection (2)—

(a)for “Chapter 2 of this Part” substitute “ This Part ”;

(b)for “GDPR” (in each place) substitute “ UK GDPR ”.

(3) Omit subsection (3).

Commencement Information

I93Sch. 2 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

6.—(1) Section 5 is amended as follows.U.K.

(2) In subsection (1)—

(a)omit “Chapter 2 of”;

(b)for “GDPR” (in both places) substitute “ UK GDPR ”;

(c)for “Chapter 2 as” substitute “ this Part as ”.

(3) In subsection (2)—

(a)for “GDPR” (in each place) substitute “ UK GDPR ”;

(b)for “Chapter 2” substitute “ this Part ”.

(4) In subsection (3), for “Chapter 2” substitute “ this Part ”.

(5) Omit subsections (4), (5) and (6).

(6) In subsection (7)—

(a)omit “Chapter 2 or Chapter 3 of”;

(b)for “the Chapter” substitute “ this Part ”.

Commencement Information

I94Sch. 2 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

7.  For the heading of Chapter 2 substitute “ The UK GDPR ”.U.K.

Commencement Information

I95Sch. 2 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

8.  In the italic heading before section 6, for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I96Sch. 2 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

9.  In section 6(1) and (2), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I97Sch. 2 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

10.—(1) Section 7 is amended as follows.U.K.

(2) In subsection (1)—

(a)for “GDPR” substitute “ UK GDPR ”;

(b)omit “under the law of the United Kingdom”.

(3) In subsections (2) and (4), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I98Sch. 2 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

11.  In section 8, for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I99Sch. 2 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

12.  Omit section 9.U.K.

Commencement Information

I100Sch. 2 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

13.—(1) Section 10 is amended as follows.U.K.

(2) In subsections (1), (2) and (3), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (5), for “10 of the GDPR” substitute “ 10(1) of the UK GDPR ”.

Commencement Information

I101Sch. 2 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

14.  In section 11, in subsection (1) (in both places) and in subsection (2), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I102Sch. 2 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

15.  In section 12(1)(a) and (b), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I103Sch. 2 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

16.  In section 13(2) and (3), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I104Sch. 2 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

17.—(1) Section 14 is amended as follows.U.K.

(2) In subsection (1)—

(a)for “GDPR” (in both places) substitute “ UK GDPR ”;

(b)for “authorised by law” substitute “ required or authorised under the law of the United Kingdom or a part of the United Kingdom ”.

(3) In subsections (3)(c), (5) and (6) (in both places), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I105Sch. 2 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

18.  For the italic heading before section 15 substitute “ Exemptions etc ”.U.K.

Commencement Information

I106Sch. 2 para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

19.—(1) Section 15 is amended as follows.U.K.

(2) In subsection (1), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (2)(a)—

(a)for “GDPR” (in the first place) substitute “ UK GDPR ”;

(b)for “, as allowed for by” substitute “ (of a kind described in ”;

(c)for “GDPR” (in the second place) substitute “ UK GDPR) ”.

(4) In subsection (2)(b)—

(a)for “GDPR” (in the first place) substitute “ UK GDPR ”;

(b)for “, as allowed for by” substitute “ (of a kind described in ”;

(c)for “GDPR” (in the second place) substitute “ UK GDPR) ”.

(5) In subsection (2)(c)—

(a)for “GDPR” (in the first place) substitute “ UK GDPR ”;

(b)for “, as allowed for by” substitute “ (of a kind described in ”;

(c)for “GDPR” (in the second place) substitute “ UK GDPR) ”.

(6) In subsection (2)(d)—

(a)for “GDPR” (in the first place) substitute “ UK GDPR ”;

(b)for “, as allowed for by” substitute “ (of a kind described in ”;

(c)for “GDPR” (in the second place) substitute “ UK GDPR) ”.

(7) In subsection (2)(e)—

(a)for “, V and VII of the GDPR” substitute “ and V of the UK GDPR ”;

(b)for “, as allowed for by Article 85(2) of the GDPR” substitute “ (of a kind described in Article 85(2) of the UK GDPR) ”.

(8) In subsection (2)(f)—

(a)for “GDPR” (in the first place) substitute “ UK GDPR ”;

(b)omit “, as allowed for by Article 89(2) and (3) of the GDPR”.

(9) In subsection (3)—

(a)for “GDPR” (in the first place) substitute “ UK GDPR ”;

(b)for “, as allowed for by” substitute “ (of a kind described in ”;

(c)for “GDPR” (in the second place) substitute “ UK GDPR) ”.

(10) In subsection (4) —

(a)for “GDPR” (in the first place) substitute “ UK GDPR ”;

(b)for “, as allowed for by” substitute “ (of a kind described in ”;

(c)for “GDPR” (in the second place) substitute “ UK GDPR) ”.

(11) After subsection (4) insert—

(4A) In connection with the manual unstructured processing of personal data held by an FOI public authority, see Chapter 3 of this Part (sections 21, 24 and 25)..

(12) In subsection (5), for “and the exemption in section 26” substitute “ (sections 26 to 28) ”.

Commencement Information

I107Sch. 2 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

20.—(1) Section 16 is amended as follows.U.K.

(2) In subsection (1)—

(a)in the opening words, for “GDPR” substitute “ UK GDPR ”;

(b)in paragraph (a)—

(i)omit “for Member State law”;

(ii)for “GDPR” substitute “ UK GDPR ”;

(c)in paragraph (b), for “a legislative measure” substitute “ provision ”;

(d)in paragraph (c), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (2)—

(a)omit “and” at the end of paragraph (a)(ii);

(b)after paragraph (b) insert—

, and

(c)consequentially amend the UK GDPR by adding, varying or omitting a reference to section 15, Schedule 2, 3 or 4, this section or regulations under this section..

Commencement Information

I108Sch. 2 para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

21.  For the italic heading before section 17 substitute “ Certification ”.U.K.

Commencement Information

I109Sch. 2 para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

22.—(1) Section 17 is amended as follows.U.K.

(2) In subsection (1)(b), for “national accreditation body” substitute “ UK national accreditation body ”.

(3) In subsection (3), for “national accreditation body” substitute “ UK national accreditation body ”.

(4) In subsection (6)—

(a)for “national accreditation body” substitute “ UK national accreditation body ”;

(b)for “GDPR” substitute “ UK GDPR ”.

(5) In subsection (7)—

(a)for “national accreditation body” substitute “ UK national accreditation body ”;

(b)for “GDPR” substitute “ UK GDPR ”.

(6) In subsection (8)—

(a)for “GDPR” substitute “ UK GDPR ”;

(b)for “national accreditation body” (in both places) substitute “ UK national accreditation body ”.

Commencement Information

I110Sch. 2 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

23.  Before section 18 (but after the italic heading before it) insert—U.K.

Transfers based on adequacy regulations

17A(1) The Secretary of State may by regulations specify any of the following which the Secretary of State considers ensures an adequate level of protection of personal data—

(a)a third country,

(b)a territory or one or more sectors within a third country,

(c)an international organisation, or

(d)a description of such a country, territory, sector or organisation.

(2) For the purposes of the UK GDPR and this Part of this Act, a transfer of personal data to a third country or an international organisation is based on adequacy regulations if, at the time of the transfer, regulations made under this section are in force which specify, or specify a description which includes—

(a)in the case of a third country, the country or a relevant territory or sector within the country, or

(b)in the case of an international organisation, the organisation.

(3) Regulations under this section may specify that the Secretary of State considers that an adequate level of protection of personal data is ensured only for a transfer specified or described in the regulations and, if they do so, only such a transfer may rely on those regulations for the purposes of subsection (2).

(4) Article 45(2) of the UK GDPR makes provision about the assessment of the adequacy of the level of protection for the purposes of this section and section 17B.

(5) Regulations under this section—

(a)where they relate to a third country, must specify their territorial and sectoral application;

(b)where applicable, must specify the independent supervisory authority or authorities referred to in Article 45(2)(b) of the UK GDPR.

(6) Regulations under this section may, among other things—

(a)provide that in relation to a country, territory, sector, organisation or transfer specified, or falling within a description specified, in the regulations, section 17B(1) has effect as if it required the reviews described there to be carried out at such shorter intervals as are specified in the regulations;

(b)identify a transfer of personal data by any means, including by reference to the controller or processor, the recipient, the personal data transferred or the means by which the transfer is made or by reference to relevant legislation, lists or other documents, as they have effect from time to time;

(c)confer a discretion on a person.

(7) Regulations under this section are subject to the negative resolution procedure.

Transfers based on adequacy regulations: review etc

17B(1) For so long as regulations under section 17A are in force which specify, or specify a description which includes, a third country, a territory or sector within a third country or an international organisation, the Secretary of State must carry out a review of whether the country, territory, sector or organisation ensures an adequate level of protection of personal data at intervals of not more than 4 years.

(2) Each review under subsection (1) must take into account all relevant developments in the third country or international organisation.

(3) The Secretary of State must, on an ongoing basis, monitor developments in third countries and international organisations that could affect decisions to make regulations under section 17A or to amend or revoke such regulations.

(4) Where the Secretary of State becomes aware that a country, territory, sector or organisation specified, or falling within a description specified, in regulations under section 17A no longer ensures an adequate level of protection of personal data, whether as a result of a review under this section or otherwise, the Secretary of State must, to the extent necessary, amend or revoke the regulations.

(5) Where regulations under section 17A are amended or revoked in accordance with subsection (4), the Secretary of State must enter into consultations with the third country or international organisation concerned with a view to remedying the lack of an adequate level of protection.

(6) The Secretary of State must publish—

(a)a list of the third countries, territories and specified sectors within a third country and international organisations, and the descriptions of such countries, territories, sectors and organisations, which are for the time being specified in regulations under section 17A, and

(b)a list of the third countries, territories and specified sectors within a third country and international organisations, and the descriptions of such countries, territories, sectors and organisations, which have been but are no longer specified in such regulations.

(7) In the case of regulations under section 17A which specify that an adequate level of protection of personal data is ensured only for a transfer specified or described in the regulations—

(a)the duty under subsection (1) is only to carry out a review of the level of protection ensured for such a transfer, and

(b)the lists published under subsection (6) must specify or describe the relevant transfers.

Standard data protection clauses

17C(1) The Secretary of State may by regulations specify standard data protection clauses which the Secretary of State considers provide appropriate safeguards for the purposes of transfers of personal data to a third country or an international organisation in reliance on Article 46 of the UK GDPR (and see also section 119A).

(2) The Secretary of State must keep under review the standard data protection clauses specified in regulations under this section that are for the time being in force.

(3) Regulations under this section are subject to the negative resolution procedure..

Commencement Information

I111Sch. 2 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

24.—(1) Section 18 is amended as follows.U.K.

(2) In the heading, at the end insert “ : public interest ”.

(3) In subsection (1), for “GDPR” substitute “ UK GDPR ”.

(4) In subsection (2), for paragraph (a) (but not the final “and”) substitute—

(a)the transfer cannot take place based on adequacy regulations (see section 17A),.

Commencement Information

I112Sch. 2 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

25.  In section 19(2), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I113Sch. 2 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

26.  In section 20—U.K.

(a)for “this Chapter” (in both places) substitute “ this Part ”;

(b)for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I114Sch. 2 para. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

27.  For the heading of Chapter 3 substitute “ Exemptions for manual unstructured processing and for national security and defence purposes ”.U.K.

Commencement Information

I115Sch. 2 para. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

28.  For the italic heading before section 21 substitute “ Definitions ”.U.K.

Commencement Information

I116Sch. 2 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

29.—(1) Section 21 is amended as follows.U.K.

(2) For the heading substitute “ Definitions ”.

(3) Omit subsections (1), (2), (3) and (4).

Commencement Information

I117Sch. 2 para. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

30.  Omit section 22 and the italic heading before it.U.K.

Commencement Information

I118Sch. 2 para. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

31.  Omit section 23.U.K.

Commencement Information

I119Sch. 2 para. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

32.—(1) Section 24 is amended as follows.U.K.

(2) In subsection (1)—

(a)for “the applied GDPR” substitute “ the UK GDPR ”;

(b)for “this Chapter” substitute “ the UK GDPR ”;

(c)for “section 21(2)” substitute “ Article 2(1A) ”.

(3) In subsection (2)—

(a)in paragraphs (a), (b) and (c), for “the applied GDPR” substitute “ the UK GDPR ”;

(b)after paragraph (c) insert—

(ca)in Part 2 of this Act, sections 17A, 17B and 17C (transfers to third countries);

(cb)in Part 5 of this Act, section 119A (standard clauses for transfers to third countries);;

(c)for paragraph (d) substitute—

(d)in Part 7 of this Act, sections 170 and 171 (offences relating to personal data)..

(4) In subsection (3)—

(a)for “the applied GDPR” substitute “ the UK GDPR ”;

(b)for “this Chapter” substitute “ the UK GDPR ”;

(c)for “section 21(2)” substitute “ Article 2(1A) ”.

(5) In subsection (5)—

(a)for “the applied GDPR” substitute “ the UK GDPR ”;

(b)for “this Chapter” substitute “ the UK GDPR ”;

(c)for “section 21(2)” substitute “ Article 2(1A) ”;

(d)in paragraph (a), for “that Article” substitute “ Article 15 ”.

Commencement Information

I120Sch. 2 para. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

33.—(1) Section 25 is amended as follows.U.K.

(2) In subsection (1)—

(a)for “the applied GDPR” substitute “ the UK GDPR ”;

(b)for “this Chapter” substitute “ the UK GDPR ”;

(c)for “section 21(2)” substitute “ Article 2(1A) ”.

(3) In subsection (2)(a) and (b), omit “of the applied GDPR”.

Commencement Information

I121Sch. 2 para. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

34.—(1) Section 26 is amended as follows.U.K.

(2) In subsection (1)—

(a)for “the applied GDPR” substitute “ the UK GDPR ”;

(b)for “this Chapter” substitute “ the UK GDPR ”.

(3) In subsection (2)—

(a)in paragraphs (a), (b), (c) and (d), for “the applied GDPR” substitute “ the UK GDPR ”;

(b)in paragraph (e), for “the applied GDPR” (in both places) substitute “ the UK GDPR ”;

(c)in paragraph (f), for “the applied GDPR” substitute “ the UK GDPR ”;

(d)after paragraph (f) insert—

(fa)in Part 2 of this Act, sections 17A, 17B and 17C (transfers to third countries);;

(e)in paragraph (g)—

(i)in sub-paragraph (ii), for “the applied GDPR” substitute “ the UK GDPR ”;

(ii)after sub-paragraph (iii) insert—

(iv)section 119A (standard clauses for transfers to third countries);.

Commencement Information

I122Sch. 2 para. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

35.  In section 27(5), for “the applied GDPR” substitute “ the UK GDPR ”.U.K.

Commencement Information

I123Sch. 2 para. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

36.—(1) Section 28 is amended as follows.U.K.

(2) In the heading, for “applied GDPR” substitute “ UK GDPR ”.

(3) In subsections (1) and (2)—

(a)for “the applied GDPR” substitute “ the UK GDPR ”;

(b)for “this Chapter” substitute “ the UK GDPR ”.

(4) In subsection (3), for “the applied GDPR” substitute “ the UK GDPR ”.

(5) After subsection (4) insert—

(5) The functions conferred on the Commissioner in relation to the UK GDPR by Articles 57(1)(a), (d), (e), (h) and (u) and 58(1)(d) and (2)(a) to (d) of the UK GDPR (which are subject to safeguards set out in section 115) include functions in relation to subsection (3)..

Commencement Information

I124Sch. 2 para. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Part 3 (law enforcement processing) (other than Schedules 7 and 8)U.K.

37.  In section 33(7), for “other than a member State” substitute “ outside the United Kingdom ”.

Commencement Information

I125Sch. 2 para. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

38.  In section 48, omit subsection (8).U.K.

Commencement Information

I126Sch. 2 para. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

39.  In section 67, omit subsection (8).U.K.

Commencement Information

I127Sch. 2 para. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

40.—(1) Section 73 is amended as follows.U.K.

(2) In subsection (1)(b), omit “other than the United Kingdom”.

(3) In subsection (3)—

(a)in paragraph (a) for “an adequacy decision (see section 74)” substitute “ adequacy regulations (see section 74A) ”;

(b)in paragraphs (b) and (c), for “an adequacy decision” substitute “ adequacy regulations ”.

(4) In subsection (5)(a), omit “a member State or”.

Commencement Information

I128Sch. 2 para. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

41.  Omit section 74.U.K.

Commencement Information

I129Sch. 2 para. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

42.  After section 74 insert—U.K.

74A    Transfers based on adequacy regulations

(1) The Secretary of State may by regulations specify any of the following which the Secretary of State considers ensures an adequate level of protection of personal data—

(a)a third country,

(b)a territory or one or more sectors within a third country,

(c)an international organisation, or

(d)a description of such a country, territory, sector or organisation.

(2) For the purposes of this Part of this Act, a transfer of personal data to a third country or an international organisation is based on adequacy regulations if, at the time of the transfer, regulations made under this section are in force which specify, or specify a description which includes—

(a)in the case of a third country, the country or a relevant territory or sector within the country, and

(b)in the case of an international organisation, the organisation,

and such a transfer does not require specific authorisation.

(3) Regulations under this section may specify that the Secretary of State considers that an adequate level of protection of personal data is ensured only for a transfer specified or described in the regulations and, if they do so, only such a transfer may rely on those regulations for the purposes of subsection (2).

(4) When assessing the adequacy of the level of protection for the purposes of this section or section 74B, the Secretary of State must, in particular, take account of—

(a)the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international organisation, which are complied with in that country or international organisation, case-law, as well as effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data is transferred,

(b)the existence and effective functioning of one or more independent supervisory authorities in the third country or to which an international organisation is subject, with responsibility for ensuring and enforcing compliance with data protection rules, including adequate enforcement powers, for assisting and advising data subjects in exercising their rights and for cooperation with the Commissioner, and

(c)the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal data.

(5) Regulations under this section—

(a)where they relate to a third country, must specify their territorial and sectoral application;

(b)where applicable, must specify the independent supervisory authority or authorities referred to in subsection (4)(b).

(6) Regulations under this section may, among other things—

(a)provide that, in relation to a country, territory, sector, organisation or territory specified, or falling within a description specified, in the regulations, section 74B(1) has effect as if it required the reviews described there to be carried out at such shorter intervals as are specified in the regulations;

(b)identify a transfer of personal data by any means, including by reference to the controller or processor, the recipient, the personal data transferred or the means by which the transfer is made or by reference to relevant legislation, lists or other documents, as they have effect from time to time;

(c)confer a discretion on a person.

(7) Regulations under this section are subject to the negative resolution procedure.

74B    Transfers based on adequacy regulations: review etc

(1) For so long as regulations under section 74A are in force which specify, or specify a description which includes, a third country, a territory or sector within a third country or an international organisation, the Secretary of State must carry out a review of whether the country, territory, sector or organisation ensures an adequate level of protection of personal data at intervals of not more than 4 years.

(2) Each review under subsection (1) must take into account all relevant developments in the third country or international organisation.

(3) The Secretary of State must, on an ongoing basis, monitor developments in third countries and international organisations that could affect decisions to make regulations under section 74A or to amend or revoke such regulations.

(4) Where the Secretary of State becomes aware that a country, territory, sector or organisation specified, or falling within a description specified, in regulations under section 74A no longer ensures an adequate level of protection of personal data, whether as a result of a review under this section or otherwise, the Secretary of State must, to the extent necessary, amend or revoke the regulations.

(5) Where regulations under section 74A are amended or revoked in accordance with subsection (4), the Secretary of State must enter into consultations with the third country or international organisation concerned with a view to remedying the lack of an adequate level of protection.

(6) The Secretary of State must publish—

(a)a list of the third countries, territories and specified sectors within a third country and international organisations, and the descriptions of such countries, territories, sectors and organisations, which are for the time being specified in regulations under section 74A, and

(b)a list of the third countries, territories and specified sectors within a third country and international organisations, and the descriptions of such countries, territories, sectors and organisations, which have been but are no longer specified in such regulations.

(7) In the case of regulations under section 74A which specify that an adequate level of protection of personal data is ensured only for a transfer specified or described in the regulations—

(a)the duty under subsection (1) is only to carry out a review of the level of protection ensured for such a transfer, and

(b)the lists published under subsection (6) must specify or describe the relevant transfers..

Commencement Information

I130Sch. 2 para. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

43.  In section 76(1)(c), omit “a member State or”.U.K.

Commencement Information

I131Sch. 2 para. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

44.  Section 77(8), for “member States” substitute “ the United Kingdom ”.U.K.

Commencement Information

I132Sch. 2 para. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

45.—(1) Section 78 is amended as follows.U.K.

(2) In subsection (4), omit “other than the United Kingdom”.

(3) In subsection (5)(a), omit “a member State or”.

Commencement Information

I133Sch. 2 para. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

46.—(1) Section 80 is amended as follows.U.K.

(2) In subsection (1), for “an EU recipient or a non-EU recipient” substitute “ a non-UK recipient ”.

(3) In subsection (2)—

(a)omit the definition of “EU recipient”;

(b)for “non-EU recipient” substitute “ non-UK recipient ”.

(4) In subsection (4), for “the EU recipient or non-EU recipient” substitute “ the non-UK recipient ”.

(5) Omit subsections (5), (6) and (7).

Commencement Information

I134Sch. 2 para. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Part 5 (Information Commissioner) (other than Schedules 12 to 14)U.K.

47.—(1) Section 115 is amended as follows.

(2) In the heading, for “GDPR” substitute “ UK GDPR ”.

(3) Omit subsection (1).

(4) In subsection (2)—

(a)in paragraphs (a) and (b), for “GDPR” substitute “ UK GDPR ”;

(b)after “section 2” insert “ and section 28(5) ”.

(5) In subsections (3) and (4), for “GDPR” substitute “ UK GDPR ”.

(6) In subsection (5), for “GDPR” (in both places) substitute “ UK GDPR ”.

(7) In subsection (6), for “GDPR” substitute “ UK GDPR ”.

(8) In subsection (7), for “GDPR” (in both places) substitute “ UK GDPR ”.

(9) In subsection (8)(a) and (b), for “GDPR” substitute “ UK GDPR ”.

(10) In subsections (9) and (10), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I135Sch. 2 para. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

48.—(1) Section 116 is amended as follows.U.K.

(2) Before subsection (1) insert—

(A1) The Commissioner is responsible for monitoring the application of Part 3 of this Act, in order to protect the fundamental rights and freedoms of individuals in relation to processing by a competent authority for any of the law enforcement purposes (as defined in Part 3) and to facilitate the free flow of personal data..

(3) In subsection (1), omit paragraph (a) (including the final “and”).

(4) In subsection (2), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I136Sch. 2 para. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

49.—(1) Section 117 is amended as follows.U.K.

(2) After “this Act” insert “ or the UK GDPR ”.

(3) Omit “(and see also Article 55(3) of the GDPR)” (and the comma before those words).

Commencement Information

I137Sch. 2 para. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

50.—(1) Section 118 is amended as follows.U.K.

(2) For the heading substitute “ Co-operation between parties to the Data Protection Convention ”.

(3) Omit subsections (1), (2), (3) and (4).

Commencement Information

I138Sch. 2 para. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

51.  After section 119 insert—U.K.

119A    Standard clauses for transfers to third countries etc

(1) The Commissioner may issue a document specifying standard data protection clauses which the Commissioner considers provide appropriate safeguards for the purposes of transfers of personal data to a third country or an international organisation in reliance on Article 46 of the UK GDPR (and see also section 17C).

(2) The Commissioner may issue a document that amends or withdraws a document issued under subsection (1).

(3) A document issued under this section—

(a)must specify when it comes into force,

(b)may make different provision for different purposes, and

(c)may include transitional provision or savings.

(4) Before issuing a document under this section, the Commissioner must consult the Secretary of State and such of the following as the Commissioner considers appropriate—

(a)trade associations;

(b)data subjects;

(c)persons who appear to the Commissioner to represent the interests of data subjects.

(5) After a document is issued under this section—

(a)the Commissioner must send a copy to the Secretary of State, and

(b)the Secretary of State must lay it before Parliament.

(6) If, within the 40-day period, either House of Parliament resolves not to approve the document then, with effect from the end of the day on which the resolution is passed, the document is to be treated as not having been issued under this section (so that the document, and any amendment or withdrawal made by the document, is to be disregarded for the purposes of Article 46(2)(d) of the UK GDPR).

(7) Nothing in subsection (6)—

(a)affects any transfer of personal data previously made in reliance on the document, or

(b)prevents a further document being laid before Parliament.

(8) The Commissioner must publish—

(a)a document issued under this section, and

(b)a notice identifying any document which, under subsection (6), is treated as not having been issued under this section.

(9) The Commissioner must keep under review the clauses specified in a document issued under this section for the time being in force.

(10) In this section, “the 40-day period” means—

(a)if the document is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or

(b)if the document is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.

(11) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.

(12) In this section, “trade association” includes a body representing controllers or processors..

Commencement Information

I139Sch. 2 para. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

52.—(1) Section 120 is amended as follows.U.K.

(2) In subsection (2), for “GDPR” (in each place) substitute “ UK GDPR ”.

(3) After subsection (2) insert—

(2A) The Commissioner may contribute to the activities of international organisations with data protection functions..

(4) In subsection (6), in the definition of “third country”, for “that is not a member State” substitute “ outside the United Kingdom ”.

Commencement Information

I140Sch. 2 para. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

53.  In section 123(7), for “GDPR” (in both places) substitute “ UK GDPR ”.U.K.

Commencement Information

I141Sch. 2 para. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

54.  In section 129(1), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I142Sch. 2 para. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

55.  In section 132(2), omit paragraph (d).U.K.

Commencement Information

I143Sch. 2 para. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

56.  In section 135(4), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I144Sch. 2 para. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

57.  In section 136(1)(b), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I145Sch. 2 para. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

58.  In section 139(2), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I146Sch. 2 para. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Part 6 (enforcement) (other than Schedules 15 to 17)U.K.

59.  In section 142(9)—

(a)for “GDPR” (in both places) substitute “ UK GDPR ”;

(b)for “the European Union” substitute “ the United Kingdom ”.

Commencement Information

I147Sch. 2 para. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

60.  In section 143(9), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I148Sch. 2 para. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

61.  In section 149(2)(a), (b), (c) and (e), (3) and (4)(b) and (c), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I149Sch. 2 para. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

62.  In section 151(1)(b) and (8)(a), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I150Sch. 2 para. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

63.  In section 155(2)(a), for “GDPR” (in both places) substitute “ UK GDPR ”.U.K.

Commencement Information

I151Sch. 2 para. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

64.—(1) Section 157 is amended as follows.U.K.

(2) In subsection (1), for “GDPR” (in both places) substitute “ UK GDPR ”;

(3) In subsection (2)(a), omit “74,”.

(4) In subsection (5), for “20 million Euros” (in both places) substitute “ £17,500,000 ”.

(5) In subsection (6), for “10 million Euros” (in both places) substitute “ £8,700,000 ”.

(6) Omit subsection (7).

Commencement Information

I152Sch. 2 para. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

65.  In section 159(1) and (2), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I153Sch. 2 para. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

66.—(1) Section 165 is amended as follows.U.K.

(2) In subsection (1), for “GDPR” (in both places) substitute “ UK GDPR ”.

(3) In subsection (5)(b), for “another supervisory authority or” substitute “ a ”.

(4) Omit subsection (6).

(5) In subsection (7), omit the definition of “supervisory authority”.

Commencement Information

I154Sch. 2 para. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

67.  In section 166(1), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I155Sch. 2 para. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

68.  In section 167(4), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I156Sch. 2 para. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

69.—(1) Section 168 is amended as follows.U.K.

(2) In the heading, for “GDPR” substitute “ UK GDPR ”.

(3) In subsections (1) and (2), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I157Sch. 2 para. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

70.  In section 169(1), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I158Sch. 2 para. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

71.  In section 170(7), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I159Sch. 2 para. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

72.  In section 171(8)(a), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I160Sch. 2 para. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

73.  In section 173(2)(a) and (b), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I161Sch. 2 para. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

74.  In section 174(2)(a) and (b), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I162Sch. 2 para. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

75.  In section 180(2)(d) and (e), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I163Sch. 2 para. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

76.  In section 181, in the definition of “representative”, for “GDPR” (in both places) substitute “ UK GDPR ”.U.K.

Commencement Information

I164Sch. 2 para. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Part 7 (supplementary and final provision) (other than Schedules 18 to 20)U.K.

77.  In section 182(3), omit paragraph (a).

Commencement Information

I165Sch. 2 para. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

78.—(1) Section 183 is amended as follows.U.K.

(2) In subsection (2)(d), for “processing of personal data to which Chapter 3 of Part 2 or Part 4 of this Act applies” substitute “ relevant processing of personal data ”.

(3) After subsection (2) insert—

(2A) In subsection (2)(d), “relevant processing of personal data” means—

(a)processing of personal data described in Article 2(1)(a) or (b) or (1A) of the UK GDPR, and

(b)processing of personal data to which Part 4 of this Act applies..

Commencement Information

I166Sch. 2 para. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

79.  In section 185(4)(a) and (b), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I167Sch. 2 para. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

80.—(1) Section 186 is amended as follows.U.K.

(2) In subsection (2)(a), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (3)(b), omit “23,”.

Commencement Information

I168Sch. 2 para. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

81.—(1) Section 187 is amended as follows.U.K.

(2) In subsection (1), in the opening words, for “GDPR applies” insert “ UK GDPR applies, Article 80(1) of the UK GDPR (representation of data subjects) ”.

(3) In subsection (1)(a)—

(a)omit “Article 80(1) of the GDPR (representation of data subjects)”;

(b)for “that Article” substitute “ subsections (3) and (4) ”;

(c)for “GDPR” (in the second place) substitute “ UK GDPR ”.

(4) In subsection (1)(b)—

(a)for “a data subject may also authorise” substitute “ also authorises ”;

(b)for “GDPR” substitute “ UK GDPR ”.

(5) In subsection (2)—

(a)for “GDPR” substitute “ UK GDPR ”;

(b)in paragraph (a), for “, (4)(d) and (6)(c)” substitute “ and (4)(d) ”.

(6) In subsection (5), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I169Sch. 2 para. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

82.  In section 188(2), for “GDPR” substitute “ UK GDPR ”.E+W+N.I.

Commencement Information

I170Sch. 2 para. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

83.—(1) Section 189 is amended as follows.E+W+N.I.

(2) In subsection (2), for “GDPR” (in each place) substitute “ UK GDPR ”.

(3) In subsection (4)(c) and (d), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I171Sch. 2 para. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

84.  In section 190(1), for “GDPR” (in each place) substitute “ UK GDPR ”.E+W+N.I.

Commencement Information

I172Sch. 2 para. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

85.—(1) Section 205 is amended as follows.U.K.

(2) In subsection (1), in the definition of “enactment”—

(a)omit “and” at the end of paragraph (d);

(b)after paragraph (e) insert—

and

(f)any retained direct EU legislation;.

(3) In subsection (1), in the definition of “international obligation of the United Kingdom”, omit paragraph (a).

(4) After subsection (1) insert—

(1A) In this Act, references to a fundamental right or fundamental freedom (however expressed) are to a fundamental right or fundamental freedom which continues to form part of domestic law on and after [F27IP completion day] by virtue of section 4 of the European Union (Withdrawal) Act 2018, as the right or freedom is amended or otherwise modified by the law of the United Kingdom, or of a part of the United Kingdom, from time to time on or after [F27IP completion day]..

(5) In subsection (2)—

(a)before paragraph (a) insert—

(za)section 119A(10) and (11);;

(b)omit “Chapter 2 or 3 of”.

(6) Omit subsection (3).

(7) After subsection (3) insert—

(4) In the definition of “the UK GDPR” in section 3(10)—

(a)the reference to Regulation (EU) 2016/679 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 is to be treated as a reference to that Regulation as modified by Schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (“the 2019 Regulations”), but

(b)nothing in the definition or in paragraph (a) determines whether, where Regulation (EU) 2016/679 is modified on or after [F27IP completion day] by the law of England and Wales, Scotland or Northern Ireland (other than by Schedule 1 to the 2019 Regulations), the reference to Regulation (EU) 2016/679 is then to be read as a reference to that Regulation as modified.

(5) Subsection (4) is not to be read as implying anything about how other references to Regulation (EU) 2016/679 or references to other retained EU law are to be interpreted..

F27Words in Sch. 2 para. 85 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(2)

Commencement Information

I173Sch. 2 para. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

86.—(1) The Table in section 206 is amended as follows.U.K.

(2) Omit the entries for “the applied Chapter 2” and “the applied GDPR”.

(3) After the entry for “enforcement notice” insert—

the EU GDPRsection 3.

(4) Omit the entry for “the GDPR”.

(5) In the entries for “public authority” and “public body”, for “GDPR” substitute “ UK GDPR ”.

(6) At the end insert—

the UK GDPRsection 3.

Commencement Information

I174Sch. 2 para. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

87.—(1) Section 207 is amended as follows.U.K.

(2) In subsection (1), for “(2) and (3)” substitute “ (1A) and (2) ”.

(3) After subsection (1) insert—

(1A) In the case of the processing of personal data to which Part 2 (the UK GDPR) applies, it applies to the types of such processing to which the UK GDPR applies by virtue of Article 3 of the UK GDPR..

(4) In subsection (2), for “It applies to the processing of personal data” substitute “ In the case of the processing of personal data to which Part 2 does not apply, it applies where such processing is carried out ”.

(5) Omit subsection (3).

(6) In subsection (4), for “Subsections (1) to (3)” substitute “ Subsections (1), (1A) and (2) ”.

(7) Omit subsection (6).

(8) In subsection (7), omit the words after paragraph (d).

Commencement Information

I175Sch. 2 para. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

88.  In section 209(2), (3) and (4), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I176Sch. 2 para. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

89.  In section 210(2) and (3), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I177Sch. 2 para. 89 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

90.—(1) Section 213 is amended as follows.U.K.

(2) In subsection (2), for “GDPR” substitute “ EU GDPR ”.

(3) At the end insert—

(4) Schedule 21 contains further transitional, transitory and saving provision made in connection with the amendment of this Act and the UK GDPR by regulations under section 8 of the European Union (Withdrawal) Act 2018..

Commencement Information

I178Sch. 2 para. 90 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

SchedulesU.K.

91.—(1) Schedule 1 is amended as follows.

(2) In paragraph 2(3), for “GDPR” substitute “ UK GDPR ”.

(3) In paragraph 4(b), for “GDPR” substitute “ UK GDPR ”.

(4) In paragraph 39(a), for “GDPR” substitute “ UK GDPR ”.

(5) In paragraph 41, for “GDPR” (in both places) substitute “ UK GDPR ”.

Commencement Information

I179Sch. 2 para. 91 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

92.—(1) Schedule 2 is amended as follows.U.K.

(2) In the heading, for “GDPR” substitute “ UK GDPR ”.

(3) In the heading of Part 1, for “based on” substitute “ as described in ”.

(4) In the italic heading before paragraph 1, for “GDPR” (in the first place) substitute “ UK GDPR ”.

(5) In paragraph 1—

(a)in sub-paragraph (a), for “GDPR” (in both places) substitute “ UK GDPR ”;

(b)in sub-paragraph (b), for “GDPR” (in both places) substitute “ UK GDPR ”.

(6) In paragraph 2—

(a)in sub-paragraph (1), for “GDPR” (in the second place) substitute “ UK GDPR ”;

(b)in sub-paragraph (3), for “GDPR” substitute “ UK GDPR ”.

(7) In paragraph 3—

(a)in sub-paragraph (1), for “GDPR” substitute “ UK GDPR ”;

(b)in sub-paragraph (3), for “GDPR” (in each place) substitute “ UK GDPR ”.

(8) In paragraph 4—

(a)in sub-paragraph (1), for “GDPR” substitute “ UK GDPR ”;

(b)in sub-paragraph (2), in the opening words (but not the words following paragraph (g)), for “GDPR” (in each place) substitute “ UK GDPR ”;

(c)in sub-paragraph (4), for “GDPR” substitute “ UK GDPR ”.

(9) In the heading of Part 2, for “based on” substitute “ as described in ”.

(10) In the italic heading before paragraph 6, for “GDPR” (in the first place) substitute “ UK GDPR ”.

(11) In paragraph 6, for “GDPR” (in the second and third places) substitute “ UK GDPR ”.

(12) In paragraph 13, for “GDPR” (in the second place) substitute “ UK GDPR ”.

(13) In the heading of Part 3, for “based on Article 23(1):” substitute “ for the ”.

(14) In paragraph 16(1), for “GDPR” (in both places) substitute “ UK GDPR ”.

(15) In the heading of Part 4, for “based on” substitute “ as described in ”.

(16) In the italic heading before paragraph 18, for “GDPR” (in the first place) substitute “ UK GDPR ”.

(17) In paragraph 18, for “GDPR” (in the second and third places) substitute “ UK GDPR ”.

(18) In paragraph 20(3), for “GDPR” substitute “ UK GDPR ”.

(19) In paragraph 25—

(a)in sub-paragraph (2), for “GDPR” (in both places) substitute “ UK GDPR ”;

(b)in sub-paragraph (3), for “GDPR” substitute “ UK GDPR ”.

(20) In the heading of Part 5, omit “based on Article 85(2)”.

(21) In paragraph 26(9)—

(a)in the opening words, for “GDPR” (in the second and third places) substitute “ UK GDPR ”;

(b)in paragraphs (a), (b), (c) and (d), for “GDPR” substitute “ UK GDPR ”;

(c)omit paragraph (e).

(22) In the heading of Part 6, omit “based on Article 89”.

(23) In paragraph 27—

(a)in sub-paragraph (1), for “sub-paragraph (3)” substitute “ sub-paragraphs (3) and (4) ”;

(b)in sub-paragraph (2), for “GDPR (the rights in which may be derogated from by virtue of Article 89(2) of the GDPR)” substitute “ UK GDPR ”;

(c)in sub-paragraph (3)(a), for “GDPR” substitute “ UK GDPR ”;

(d)after sub-paragraph (3) insert—

(4) Where processing for a purpose described in sub-paragraph (1) serves at the same time another purpose, the exemption in sub-paragraph (1) is available only where the personal data is processed for a purpose referred to in that sub-paragraph..

(24) In paragraph 28—

(a)in sub-paragraph (1), for “sub-paragraph (3)” substitute “ sub-paragraphs (3) and (4) ”;

(b)in sub-paragraph (2), for “GDPR (the rights in which may be derogated from by virtue of Article 89(3) of the GDPR)” substitute “ UK GDPR ”;

(c)in sub-paragraph (3), for “GDPR” substitute “ UK GDPR ”;

(d)after sub-paragraph (3) insert—

(4) Where processing for a purpose described in sub-paragraph (1) serves at the same time another purpose, the exemption in sub-paragraph (1) is available only where the personal data is processed for a purpose referred to in that sub-paragraph..

Commencement Information

I180Sch. 2 para. 92 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

93.—(1) Schedule 3 is amended as follows.U.K.

(2) In the heading, for “GDPR” substitute “ UK GDPR ”.

(3) In the heading of Part 1, for “GDPR” substitute “ UK GDPR ”.

(4) In paragraph 1, for “GDPR” (in the second and third places) substitute “ UK GDPR ”.

(5) In paragraph 2(2), for “GDPR” substitute “ UK GDPR ”.

(6) In the italic heading before paragraph 5, for “GDPR” substitute “ UK GDPR ”.

(7) In paragraph 5(1), for “GDPR” substitute “ UK GDPR ”.

(8) In the italic heading before paragraph 6, for “GDPR” substitute “ UK GDPR ”.

(9) In paragraph 6(1), for “GDPR” substitute “ UK GDPR ”.

(10) In paragraph 7(2), for “GDPR” substitute “ UK GDPR ”.

(11) In the italic heading before paragraph 11, for “GDPR” substitute “ UK GDPR ”.

(12) In paragraph 11, for “GDPR” substitute “ UK GDPR ”.

(13) In the italic heading before paragraph 12, for “GDPR” substitute “ UK GDPR ”.

(14) In paragraph 12(1)(a) and (3), for “GDPR” substitute “ UK GDPR ”.

(15) In paragraph 17(2), for “GDPR” substitute “ UK GDPR ”.

(16) In the italic heading before paragraph 19, for “GDPR” substitute “ UK GDPR ”.

(17) In paragraph 19, for “GDPR” substitute “ UK GDPR ”.

(18) In the italic heading before paragraph 20, for “GDPR” substitute “ UK GDPR ”.

(19) In paragraph 20(1)(a) and (3), for “GDPR” substitute “ UK GDPR ”.

(20) In the italic heading before paragraph 21, for “GDPR” substitute “ UK GDPR ”.

(21) In paragraph 21(2), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I181Sch. 2 para. 93 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

94.—(1) Schedule 4 is amended as follows.U.K.

(2) In the heading, for “GDPR” substitute “ UK GDPR ”.

(3) In the italic heading before paragraph 1, for “GDPR” (in the first place) substitute “ UK GDPR ”.

(4) In paragraph 1, for “GDPR” (in the second and third places) substitute “ UK GDPR ”.

Commencement Information

I182Sch. 2 para. 94 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

95.  In Schedule 5, in the following provisions, for “national accreditation body” substitute “ UK national accreditation body ”U.K.

(a)paragraph 1(2) (in both places);

(b)paragraph 4(4) (in both places);

(c)paragraph 6(4).

Commencement Information

I183Sch. 2 para. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

96.  Omit Schedule 6.U.K.

Commencement Information

I184Sch. 2 para. 96 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

97.—(1) Schedule 13 is amended as follows.U.K.

(2) In paragraph 1(1)—

(a)in paragraph (e), omit “LED supervisory authorities and”;

(b)in paragraph (f), omit “LED supervisory authorities and” and “the Law Enforcement Directive and”;

(c)in paragraph (g), omit “an LED supervisory authority,”;

(d)omit paragraph (i).

(3) In paragraph 3, omit the definition of “LED supervisory authority”.

Commencement Information

I185Sch. 2 para. 97 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

98.  In Schedule 14, omit Part 1.U.K.

Commencement Information

I186Sch. 2 para. 98 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

99.—(1) Schedule 18 is amended as follows.U.K.

(2) In paragraph 1(2), for “section 21(2)” substitute “ Article 2(1A) of the UK GDPR ”.

(3) In paragraph 5(a) and (b), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I187Sch. 2 para. 99 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

100.—(1) Schedule 19 is amended as follows.U.K.

(2) In paragraph 431(3), for “the GDPR or the applied GDPR” substitute “ the UK GDPR ”.

(3) In paragraph 432(5)(a), for “the GDPR or the applied GDPR” substitute “ the UK GDPR ”.

Commencement Information

I188Sch. 2 para. 100 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

101.—(1) Schedule 20 is amended as follows.U.K.

(2) In the heading of Part 3, for “GDPR” substitute “ UK GDPR ”.

(3) In the italic heading before paragraph 12, for “GDPR” (in both places) substitute “ UK GDPR ”.

(4) In paragraph 18—

(a)in sub-paragraphs (2)(b) and (6)(b), for “applied GDPR” substitute “ UK GDPR ”;

(b)after sub-paragraph (7) insert—

(8) In this paragraph, references to the UK GDPR do not include the EU GDPR as it was directly applicable to the United Kingdom before [F28IP completion day] (see paragraph 2 of Schedule 21)..

(5) In paragraph 50, for “GDPR” substitute “ UK GDPR ”.

F28Words in Sch. 2 para. 101(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(3)

Commencement Information

I189Sch. 2 para. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

102.  After Schedule 20 insert—U.K.

Section 213

SCHEDULE 21U.K.Further transitional provision etc

Part 1U.K.Interpretation

The applied GPDR

1.  In this Schedule, “the applied GDPR” means the EU GDPR as applied by Chapter 3 of Part 2 before [F29IP completion day].

Part 2U.K.Continuation of existing acts etc

Merger of the directly applicable GDPR and the applied GDPR

2.(1) On and after [F30IP completion day], references in an enactment to the UK GDPR (including the reference in the definition of “the data protection legislation” in section 3(9)) include—

(a)the EU GDPR as it was directly applicable to the United Kingdom before [F30IP completion day], read with Chapter 2 of Part 2 of this Act as it had effect before [F30IP completion day], and

(b)the applied GDPR, read with Chapter 3 of Part 2 of this Act as it had effect before [F30IP completion day].

(2) On and after [F31IP completion day], references in an enactment to, or to a provision of, Chapter 2 of Part 2 of this Act (including general references to this Act or to Part 2 of this Act) include that Chapter or that provision as applied by Chapter 3 of Part 2 of this Act as it had effect before [F31IP completion day].

(3) Sub-paragraphs (1) and (2) have effect—

(a)in relation to references in this Act, except as otherwise provided;

(b)in relation to references in other enactments, unless the context otherwise requires.

3.(1) Anything done in connection with the EU GDPR as it was directly applicable to the United Kingdom before [F32IP completion day], the applied GDPR or this Act—

(a)if in force or effective immediately before [F32IP completion day], continues to be in force or effective on and after [F32IP completion day], and

(b)if in the process of being done immediately before [F32IP completion day], continues to be done on and after [F32IP completion day].

(2) References in this paragraph to anything done include references to anything omitted to be done.

Part 3U.K.Transfers to third countries and international organisations

UK GDPR: adequacy decisions and adequacy regulations

4.(1) On and after [F33IP completion day], for the purposes of the UK GDPR and Part 2 of this Act, a transfer of personal data to a third country or an international organisation is based on adequacy regulations if, at the time of the transfer, paragraph 5 specifies, or specifies a description which includes—

(a)in the case of a third country, the country or a relevant territory or sector within the country, or

(b)in the case of an international organisation, the organisation.

(2) Sub-paragraph (1) has effect subject to provision in paragraph 5 providing that only particular transfers to the country, territory, sector or organisation may rely on a particular provision of paragraph 5 for the purposes of sub-paragraph (1).

(3) The Secretary of State may by regulations—

(a)repeal sub-paragraphs (1) and (2) and paragraph 5;

(b)amend paragraph 5 so as to omit a third country, territory, sector or international organisation specified, or of a description specified, in that paragraph;

(c)amend paragraph 5 so as to replace a reference to, or description of, a third country, territory, sector or organisation with a narrower reference or description, including by specifying or describing particular transfers of personal data and making provision described in sub-paragraph (2).

(4) Regulations under this paragraph may, among other things——

(a)identify a transfer of personal data by any means, including by reference to the controller or processor, the recipient, the personal data transferred or the means by which the transfer is made or by reference to relevant legislation, lists or other documents, as they have effect from time to time;

(b)confer a discretion on a person.

(5) Regulations under this paragraph are subject to the negative resolution procedure.

(6) Sub-paragraphs (1) and (2) have effect in addition to section 17A(2) and (3).

5.(1) The following are specified for the purposes of paragraph 4(1)—

(a)an EEA state;

(b)Gibraltar;

(c)a Union institution, body, office or agency set up by, or on the basis of, the Treaty on the European Union, the Treaty on the Functioning of the European Union or the Euratom Treaty;

(d)an equivalent institution, body, office or agency set up by, or on the basis of, the Treaties establishing the European Economic Area;

(e)a third country which is the subject of a decision listed in sub-paragraph (2), other than a decision that, immediately before [F34IP completion day], had been repealed or was suspended;

(f)a third country, territory or sector within a third country or international organisation which is the subject of an adequacy decision made by the European Commission before [F34IP completion day] on the basis of Article 45(3) of the EU GDPR, other than a decision that, immediately before [F34IP completion day], had been repealed or was suspended.

(2) The decisions mentioned in sub-paragraph (1)(e) are the following—

(a)Commission Decision 2000/518/EC F35 of 26th July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in Switzerland;

(b)Commission Decision 2002/2/EC F36 of 20th December 2001 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act;

(c)Commission Decision 2003/490/EC F37 of 30th June 2003 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Argentina;

(d)Commission Decision 2003/821/EC F38 of 21st November 2003 on the adequate protection of personal data in Guernsey;

(e)Commission Decision 2004/411/EC F39 of 28th April 2004 on the adequate protection of personal data in the Isle of Man;

(f)Commission Decision 2008/393/EC F40 of 8th May 2008 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Jersey;

(g)Commission Decision 2010/146/EU F41 of 5th March 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection provided by the Faeroese Act on processing of personal data;

(h)Commission Decision 2010/625/EU F42 of 19th October 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Andorra;

(i)Commission Decision 2011/61/EU F43 of 31st January 2011 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the State of Israel with regard to automated processing of personal data;

(j)Commission Implementing Decision 2012/484/EU F44 of 21st August 2012 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the Eastern Republic of Uruguay with regard to automated processing of personal data;

(k)Commission Implementing Decision 2013/65/EU F45 of 19th December 2012 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by New Zealand;

F46(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47(m)Commission Implementing Decision (EU) 2019/419 of 23rd January 2019 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate protection of personal data by Japan under the Act on the Protection of Personal Information.]

(3) Where a decision described in sub-paragraph (1)(e) or (f) states that an adequate level of protection of personal data is ensured only for a transfer specified or described in the decision, only such a transfer may rely on that provision and that decision for the purposes of paragraph 4(1).

(4) The references to a decision in sub-paragraphs (1)(e) and (f) and (2) are to the decision as it had effect in EU law immediately before [F48IP completion day], subject to sub-paragraphs (5) and (6).

(5) For the purposes of this paragraph, where a reference to legislation, a list or another document in a decision described in sub-paragraph (1)(e) or (f) is a reference to the legislation, list or document as it has effect from time to time, it is to be treated as a reference to the legislation, list or other document as it has effect at the time of the transfer.

(6) For the purposes of this paragraph, where a decision described in sub-paragraph (1)(e) or (f) relates to—

(a)transfers from the European Union (or the European Community) or the European Economic Area, or

(b)transfers to which the EU GDPR applies,

it is to be treated as relating to equivalent transfers to or from the United Kingdom or transfers to which the UK GDPR applies (as appropriate).

6.(1) In the provisions listed in sub-paragraph (2)—

(a)references to regulations made under section 17A (other than references to making such regulations) include the provision made in paragraph 5;

(b)references to the revocation of such regulations include the repeal of all or part of paragraph 5.

(2) Those provisions are—

(a)Articles 13(1)(f), 14(1)(f), 45(1) and (7), 46(1) and 49(1) of the UK GDPR;

(b)sections 17B(1), (3), (6) and (7) and 18(2) of this Act.

UK GDPR: transfers subject to appropriate safeguards provided by standard data protection clauses

7.(1) Subject to paragraph 8, the appropriate safeguards referred to in Article 46(1) of the UK GDPR may be provided for on and after [F49IP completion day] as described in this paragraph.

(2) The safeguards may be provided for by any standard data protection clauses included in an arrangement which, if the arrangement had been entered into immediately before [F50IP completion day], would have provided for the appropriate safeguards referred to in Article 46(1) of the EU GDPR by virtue of Article 46(2)(c) or (d) or (5) of the EU GDPR.

(3) The safeguards may be provided for by a version of standard data protection clauses described in sub-paragraph (2) incorporating changes where—

(a)all of the changes are made in consequence of the withdrawal of the United Kingdom from the EU or provision made by regulations under section 8 or 23 of the European Union (Withdrawal) Act 2018 (or both), and

(b)none of the changes alters the effect of the clauses.

(4) The following changes are to be treated as falling within sub-paragraph (3)(a) and (b)—

(a)changing references to adequacy decisions made by the European Commission into references to equivalent provision made by regulations under section 17A or by or under paragraphs 4 to 6 of this Schedule;

(b)changing references to transferring personal data outside the European Union or the European Economic Area into references to transferring personal data outside the United Kingdom.

(5) In the case of a transfer of personal data made under arrangements entered into before [F51IP completion day], the safeguards may be provided for on and after [F51IP completion day] by standard data protection clauses not falling within sub-paragraph (2) which—

(a)formed part of the arrangements immediately before [F51IP completion day], and

(b)at that time, provided for the appropriate safeguards referred to in Article 46(1) of the EU GDPR by virtue of Article 46(2)(c) or (d) or (5) of the EU GDPR.

(6) The Secretary of State and the Commissioner must keep the operation of this paragraph under review.

(7) In this paragraph, “adequacy decision” means a decision made on the basis of—

(a)Article 45(3) of the EU GDPR, or

(b)Article 25(6) of Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

(8) This paragraph has effect in addition to Article 46(2) and (3) of the UK GDPR.

8.(1) Paragraph 7 does not apply to the extent that it has been disapplied by—

(a)regulations made by the Secretary of State, or

(b)a document issued by the Commissioner.

(2) Regulations under this paragraph are subject to the negative resolution procedure.

(3) Subsections (3) to (8) and (10) to (12) of section 119A apply in relation to a document issued by the Commissioner under this paragraph as they apply to a document issued by the Commissioner under section 119A(2).

UK GDPR: transfers subject to appropriate safeguards provided by binding corporate rules

9.(1) The appropriate safeguards referred to in Article 46(1) of the UK GDPR may be provided for on and after [F52IP completion day] as described sub-paragraphs (2) to (4), subject to sub-paragraph (5).

(2) The safeguards may be provided for by any binding corporate rules authorised by the Commissioner which, immediately before [F53IP completion day], provided for the appropriate safeguards referred to in Article 46(1) of the EU GDPR by virtue of Article 46(5) of the EU GDPR.

(3) The safeguards may be provided for by a version of binding corporate rules described in sub-paragraph (2) incorporating changes where—

(a)all of the changes are made in consequence of the withdrawal of the United Kingdom from the EU or provision made by regulations under section 8 or 23 of the European Union (Withdrawal) Act 2018 (or both), and

(b)none of the changes alters the effect of the rules.

(4) The following changes are to be treated as falling within sub-paragraph (3)(a) and (b)—

(a)changing references to adequacy decisions made by the European Commission into references to equivalent provision made by regulations under section 17A or by or under paragraphs 4 to 6 of this Schedule;

(b)changing references to transferring personal data outside the European Union or the European Economic Area into references to transferring personal data outside the United Kingdom.

(5) Sub-paragraphs (2) to (4) cease to apply in relation to binding corporate rules if, on or after [F54IP completion day], the Commissioner withdraws the authorisation of the rules (or, where sub-paragraph (3) is relied on, the authorisation of the rules mentioned in sub-paragraph (2)).

[F55(5A) For the purposes of sub-paragraph (2), binding corporate rules which, immediately before IP completion day, provided for the appropriate safeguards referred to in Article 46(1) of the EU GDPR by virtue of Article 46(5) of the EU GDPR but which were authorised other than by the Commissioner are to be treated as authorised by the Commissioner where—

(a)a valid notification of the rules has been made to the Commissioner,

(b)the Commissioner has approved them, and

(c)that approval has not been withdrawn.

(5B) A notification is valid if it—

(a)is made by a controller or processor established in the United Kingdom,

(b)is made to the Commissioner before the end of the period of 6 months beginning with IP completion day, and

(c)includes—

(i)the name and contact details of the data protection officer or other contact point for the controller or processor, and

(ii)such other information as the Commissioner may reasonably require.

(5C) Where a valid notification is made the Commissioner must, without undue delay—

(a)decide whether or not to approve the rules, and

(b)notify the controller or processor of that decision.]

(6) The Commissioner must keep the operation of this paragraph under review.

(7) In this paragraph—

adequacy decision” means a decision made on the basis of—

(a)

Article 45(3) of the EU GDPR, or

(b)

Article 25(6) of Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

binding corporate rules” has the meaning given in Article 4(20) of the UK GDPR.

(8) This paragraph has effect in addition to Article 46(2) and (3) of the UK GDPR.

Part 3 (law enforcement processing): adequacy decisions and adequacy regulations

10.(1) On and after [F56IP completion day], for the purposes of Part 3 of this Act, a transfer of personal data to a third country or an international organisation is based on adequacy regulations if, at the time of the transfer, paragraph 11 specifies, or specifies a description which includes—

(a)in the case of a third country, the country or a relevant territory or sector within the country, or

(b)in the case of an international organisation, the organisation.

(2) Sub-paragraph (1) has effect subject to provision in paragraph 11 providing that only particular transfers to the country, territory, sector or organisation may rely on a particular provision of paragraph 11 for the purposes of sub-paragraph (1).

(3) The Secretary of State may by regulations—

(a)repeal sub-paragraphs (1) and (2) and paragraph 11;

(b)amend paragraph 11 so as to omit a third country, territory, sector or international organisation specified, or of a description specified, in that paragraph;

(c)amend paragraph 11 so as to replace a reference to, or description of, a third country, territory, sector or organisation with a narrower reference or description, including by specifying or describing particular transfers of personal data and by making provision described in sub-paragraph (2).

(4) Regulations under this paragraph may, among other things—

(a)identify a transfer of personal data by any means, including by reference to the controller or processor, the recipient, the personal data transferred or the means by which the transfer is made or by reference to relevant legislation, lists or other documents, as they have effect from time to time;

(b)confer a discretion on a person.

(5) Regulations under this paragraph are subject to the negative resolution procedure.

(6) Sub-paragraphs (1) and (2) have effect in addition to section 74A(2) and (3).

11.(1) The following are specified for the purposes of paragraph 10(1)—

[F57(a) an EEA state;

(aa)Switzerland;]

(b)Gibraltar;

(c)a third country, a territory or sector within a third country or an international organisation which is the subject of an adequacy decision made by the European Commission before [F58IP completion day] on the basis of Article 36(3) of the Law Enforcement Directive, other than a decision that, immediately before [F58IP completion day], had been repealed or was suspended.

(2) Where a decision described in sub-paragraph (1)(c) states that an adequate level of protection of personal data is ensured only for a transfer specified or described in the decision, only such a transfer may rely on that provision and that decision for the purposes of paragraph 10(1).

(3) The reference to a decision in sub-paragraph (1)(c) is to the decision as it had effect in EU law immediately before [F59IP completion day], subject to sub-paragraphs (4) and (5).

(4) For the purposes of this paragraph, where a reference to legislation, a list or another document in a decision described in sub-paragraph (1)(c) is a reference to the legislation, list or document as it has effect from time to time, it is to be treated as a reference to the legislation, list or other document as it has effect at the time of the transfer.

(5) For the purposes of this paragraph, where a decision described in sub-paragraph (1)(c) relates to—

(a)transfers from the European Union (or the European Community) or the European Economic Area, or

(b)transfers to which the Law Enforcement Directive applies,

it is to be treated as relating to equivalent transfers from the United Kingdom or transfers to which Part 3 of this Act applies (as appropriate).

12.  In section 74B(1), (3), (6) and (7)—

(a)references to regulations made under section 74A (other than references to making such regulations) include the provision made in paragraph 11;

(b)references to the revocation of such regulations include the repeal of all or part of paragraph 11.

Part 4U.K.Repeal of provisions in Chapter 3 of Part 2

Applied GDPR: power to make provision in consequence of GDPR regulations

13.(1) Regulations made under section 23 before [F60IP completion day] continue in force until they are revoked, despite the repeal of that section by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019.

(2) The provisions listed in section 186(3) include regulations made under section 23 before [F61IP completion day] (and not revoked).

(3) Sub-paragraphs (1) and (2) do not have effect so far as otherwise provided by the law of England and Wales, Scotland or Northern Ireland.

Applied GDPR: national security certificates

14.(1) This paragraph applies to a certificate issued under section 27 of this Act which has effect immediately before [F62IP completion day].

(2) A reference in the certificate to a provision of the applied GDPR has effect, on and after [F63IP completion day], as it if were a reference to the corresponding provision of the UK GDPR or this Act.

Part 5U.K.The Information Commissioner

Confidentiality of information

15.  The repeal of section 132(2)(d) by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 has effect only in relation to a disclosure of information made on or after [F64IP completion day].

Part 6U.K.Enforcement

GDPR: maximum amount of penalties

16.  In relation to an infringement, before [F65IP completion day], of a provision of the EU GDPR (as it was directly applicable to the United Kingdom) or the applied GDPR—

(a)Article 83(5) and (6) of the UK GDPR and section 157(5)(a) and (b) of this Act have effect as if for “£17,500,000” there were substituted “ 20 million Euros ”;

(b)Article 83(4) of the UK GDPR and section 157(6)(a) and (b) of this Act have effect as if for “£8,700,000” there were substituted “ 10 million Euros ”;

(c)the maximum amount of a penalty in sterling must be determined by applying the spot rate of exchange set by the Bank of England on the day on which the penalty notice is given under section 155 of this Act.

GDPR: right to an effective remedy against the Commissioner

17.(1) This paragraph applies where—

(a)proceedings are brought against a decision made by the Commissioner before [F66IP completion day], and

(b)the Commissioner's decision was preceded by an opinion or decision of the European Data Protection Board in accordance with the consistency mechanism referred to in Article 63 of the EU GDPR.

(2) The Commissioner must forward the Board's opinion or decision to the court or tribunal dealing with the proceedings..

F29Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(a)

F30Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(b)(i)

F32Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(c)

F33Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(d)

F34Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(e)(i)

F35OJ L 215, 25.8.2000, p. 1-3.

F36OJ L 2, 4.1.2002, p. 13-16.

F37OJ L 168, 05.07.2003, p. 19-22.

F38OJ L 308, 25.11.2003 p. 27-28.

F39OJ L 151, 30.4.2004. , p. 48-51.

F40OJ L 138, 28.5.2008, p. 21-23.

F41OJ L 58, 9.3.2010, p. 17-19.

F42OJ L 277, 21.10.2010, p. 27-29.

F43OJ L 27, 1.2.2011, p. 39-42

F44OJ L 227, 23.8.2012, p. 11-14.

F45OJ L 28, 30.1.2013, p. 12-14.

F46Words in Sch. 2 para. 102 omitted (31.12.2020 immediately before IP completion day) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(e)(ii)(aa)

F48Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(e)(iii)

F49Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(f)(i)

F52Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(g)(i)

F56Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(h)

F57Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(i)(i)

F59Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(j)

F60Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(k)(i)

F62Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(l)(i)

F64Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(m)

F65Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(n)

F66Words in Sch. 2 para. 102 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 5(4)(o)

Commencement Information

I190Sch. 2 para. 102 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Regulation 6

SCHEDULE 3U.K.Consequential amendments of other legislation

PART 1U.K.Revocation of retained EU law

Revocation of Regulations and DecisionsU.K.

1.  The following Regulations and Decisions are revoked in so far as they are retained EU law—

(a)Commission Decision 2000/518/EC of 26th July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in Switzerland;

[F67(aa)Commission Decision 2000/519/EC of 26th July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in Hungary;]

(b)Commission Decision 2001/497/EC F68 of 15th June 2001 on standard contractual clauses for the transfer of personal data to third countries, under Directive 95/46/EC;

(c)Commission Decision 2002/2/EC of 20th December 2001 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act;

(d)Commission Decision 2003/490/EC of 30th June 2003 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Argentina;

(e)Commission Decision 2003/821/EC of 21st November 2003 on the adequate protection of personal data in Guernsey;

(f)Commission Decision 2004/411/EC of 28th April 2004 on the adequate protection of personal data in the Isle of Man;

[F69(fa)Council Decision 2004/644/EC of 13th September 2004 adopting implementing rules concerning Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data;]

(g)Commission Decision 2004/915/EC F70 of 27th December 2004 amending Decision 2001/497/EC as regards the introduction of an alternative set of standard contractual clauses for the transfer of personal data to third countries;

(h)Commission Decision 2008/393/EC of 8th May 2008 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Jersey;

[F71(ha)Commission Decision 2008/597/EC of 3rd June 2008 adopting implementing rules concerning the Data Protection Officer pursuant to Article 24(8) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data;]

(i)Commission Decision 2010/87/EU F72 of 5th February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council;

(j)Commission Decision 2010/146/EU of 5th March 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection provided by the Faeroese Act on processing of personal data;

(k)Commission Decision 2010/625/EU of 19th October 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Andorra;

(l)Commission Decision 2011/61/EU of 31st January 2011 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the State of Israel with regard to automated processing of personal data;

(m)Commission Implementing Decision 2012/484/EU of 21st August 2012 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the Eastern Republic of Uruguay with regard to automated processing of personal data;

(n)Commission Implementing Decision 2013/65/EU of 19th December 2012 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by New Zealand;

(o)Commission Implementing Decision (EU) 2016/1250 of 12th July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield;

(p)Commission Implementing Decision (EU) 2016/2295 F73 of 16th December 2016 amending Decisions 2000/518/EC, 2002/2/EC, 2003/490/EC, 2003/821/EC, 2004/411/EC, 2008/393/EC, 2010/146/EU, 2010/625/EU, 2011/61/EU and Implementing Decisions 2012/484/EU, 2013/65/EU on the adequate protection of personal data by certain countries, pursuant to Article 25(6) of Directive 95/46/EC of the European Parliament and of the Council;

(q)Commission Implementing Decision (EU) 2016/2297 F74 of 16th December 2016 amending Decisions 2001/497/EC and 2010/87/EU on standard contractual clauses for the transfer of personal data to third countries and to processors established in such countries, under Directive 95/46/EC of the European Parliament and of the Council;

(r)Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23rd October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.

[F75(s)Commission Decision (EU) 2019/165 of 1st February 2019 laying down internal rules concerning the provision of information to data subjects and the restriction of certain of their data protection rights by the Commission in the context of administrative inquiries, pre-disciplinary, disciplinary and suspension proceedings;

(t)Commission Implementing Decision (EU) 2019/419 of 23rd January 2019 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate protection of personal data by Japan under the Act on the Protection of Personal Information;

(u)Regulation (EU, Euratom) 2019/493 of the European Parliament and of the Council of 25th March 2019 amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament.]

F68OJ L 181, 4.7.2001, p. 19-31.

F70OJ L 385, 29.12.2004, p. 74-84.

F72OJ L 39, 12.2.2010, p. 5-18.

F73OJ L 344, 17.12.2016, p. 83-91.

F74OJ L 344, 17.12.2016, p. 100-101.

Commencement Information

I191Sch. 3 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Revocation of provisions of EEA agreementU.K.

2.  Paragraphs 5e, 5ea, 5ed, 5ee, 5ef, 5eg, 5eh, 5ei, 5ek, 5el, 5em, 5en, 5eo, 5ep [F76, 5eq, 5er and 5es] of Annex 11 to the EEA agreement, as it forms part of the law of England and Wales, Scotland or Northern Ireland on and after [F77IP completion day] by virtue of section 3(1) of the European Union (Withdrawal) Act 2018, are revoked in so far as they are retained EU law.

F76Words in Sch. 3 para. 2 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 6(3)(a)

F77Words in Sch. 3 para. 2 substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 6(3)(b)

Commencement Information

I192Sch. 3 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 2U.K.Amendments of primary legislation

Consumer Credit Act 1974U.K.

3.  The Consumer Credit Act 1974 F78 is amended as follows.

Commencement Information

I193Sch. 3 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

4.  In section 157(2A)(a) (duty to disclose name etc of agency), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I194Sch. 3 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

5.  In section 159(1)(a) (correction of wrong information), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I195Sch. 3 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

6.  In section 189(1) (definitions)—U.K.

(a)omit the definition of “the GDPR”;

(b)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I196Sch. 3 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Pharmacy (Northern Ireland) Order 1976U.K.

7.  In paragraph 2 of Schedule 3 to the Pharmacy (Northern Ireland) Order 1976 F79 (fitness to practice: disclosure of information)—

(a)in sub-paragraph (2)(a), for “GDPR” substitute “ UK GDPR ”;

(b)for sub-paragraph (5) substitute—

(5) In this paragraph, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I197Sch. 3 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Medical Act 1983U.K.

8.  The Medical Act 1983 F80 is amended as follows.

Commencement Information

I198Sch. 3 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

9.—(1) Section 29E (evidence) is amended as follows.U.K.

(2) In subsection (5), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (9), omit the definition of “the GDPR”.

Commencement Information

I199Sch. 3 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

10.—(1) Section 35A (General Medical Council's power to require disclosure of information) is amended as follows.U.K.

(2) In subsection (4), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (7), omit the definition of “the GDPR”.

Commencement Information

I200Sch. 3 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

11.  In section 55(1) (interpretation), at the appropriate place insert—U.K.

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I201Sch. 3 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

12.  In paragraph 9B of Schedule 1 (incidental powers of the General Medical Council)—U.K.

(a)in sub-paragraph (2)(a), for “GDPR” substitute “ UK GDPR ”;

(b)omit sub-paragraph (4).

Commencement Information

I202Sch. 3 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

13.  In paragraph 5A of Schedule 4 (professional performance assessments and health assessments)—U.K.

(a)in sub-paragraph (8), for “GDPR” substitute “ UK GDPR ”;

(b)omit sub-paragraph (14).

Commencement Information

I203Sch. 3 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Dentists Act 1984U.K.

14.  The Dentists Act 1984 F81 is amended as follows.

Commencement Information

I204Sch. 3 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

15.—(1) Section 33B (the General Dental Council's power to require disclosure of information: the dental profession) is amended as follows.U.K.

(2) In subsection (3), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (4), in the definition of “relevant provision of the GDPR”—

(a)for “the GDPR” (in both places) substitute “ the UK GDPR ”;

(b)for “GDPR provisions” substitute “ UK GDPR provisions ”.

(4) Omit subsection (11).

Commencement Information

I205Sch. 3 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

16.—(1) Section 36Y (the General Dental Council's power to require disclosure of information: professions complementary to dentistry) is amended as follows.U.K.

(2) In subsection (3), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (4), in the definition of “relevant provision of the GDPR”—

(a)for “the GDPR” (in both places) substitute “ the UK GDPR ”;

(b)for “GDPR provisions” (in the second place) substitute “ UK GDPR provisions ”.

(4) Omit subsection (11).

Commencement Information

I206Sch. 3 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

17.  In section 53(1) (interpretation), at the appropriate place insert—U.K.

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I207Sch. 3 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Opticians Act 1989U.K.

18.—(1) Section 13B of the Opticians Act 1989 (the Council's power to require disclosure of information) F82 is amended as follows.

(2) In subsection (3), for “GDPR” substitute “ UK GDPR ”.

(3) For subsection (10) substitute—

(10) In this section, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I208Sch. 3 para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Immigration and Asylum Act 1999U.K.

19.—(1) Section 13 of the Immigration and Asylum Act 1999 (proof of identity of persons to be removed or deported) F83 is amended as follows.

(2) In subsection (4), for “GDPR” substitute “ UK GDPR ”.

(3) For subsection (4A) substitute—

(4A) The UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I209Sch. 3 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Freedom of Information Act 2000U.K.

20.—(1) Section 40 of the Freedom of Information Act 2000 (personal information) F84 is amended as follows.

(2) In subsections (3B), (4A)(a) and (5B)(b) and (c), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (7)—

(a)in the definition of “the data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the words from “ “the GDPR”, “personal data”, “processing”” to the “(14) of that Act);”;

(c)at the appropriate places insert—

personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act);;

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

(4) In subsection (8), for “GDPR” (in both places) substitute “ UK GDPR ”.

Commencement Information

I210Sch. 3 para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Health and Personal Social Services Act (Northern Ireland) 2001U.K.

21.—(1) Section 7A of the Health and Personal Social Services Act (Northern Ireland) 2001 (power to obtain information etc) F85 is amended as follows.

(2) In subsection (3), for “GDPR” substitute “ UK GDPR ”.

(3) For subsection (8) substitute—

(8) In this section, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I211Sch. 3 para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Freedom of Information (Scotland) Act 2002U.K.

22.—(1) Section 38 of the Freedom of Information (Scotland) Act 2002 (personal information) F86 is amended as follows.

(2) In subsections (2B) and (3A)(a), for “GDPR” substitute “ UK GDPR ”.

(3) In subsection (5)—

(a)in the definition of “the data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the words from “ “the GDPR”, “personal data”, “processing”” to “(14) of that Act);”;

(c)at the appropriate places insert—

personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act);;

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

(4) In subsection (5A), for “GDPR” (in both places) substitute “ UK GDPR ”.

Commencement Information

I212Sch. 3 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Mental Health (Care and Treatment) (Scotland) Act 2003U.K.

23.—(1) Section 279 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (information for research) F87 is amended as follows.

(2) In subsection (2), for “GDPR” substitute “ UK GDPR ”.

(3) For subsection (10) substitute—

(10) In this section, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I213Sch. 3 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Crime and Courts Act 2013U.K.

24.—(1) Section 42 of the Crime and Courts Act 2013 (other interpretive provisions) F88 is amended as follows.

(2) In subsection (5)(a), for “GDPR” substitute “ UK GDPR ”.

(3) For subsection (5A) substitute—

(5A) In subsection (5)(a), “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I214Sch. 3 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Small Business, Enterprise and Employment Act 2015U.K.

25.—(1) Section 6 of the Small Business, Enterprise and Employment Act 2015 (application of listed provisions to designated credit reference agencies) F89 is amended as follows.

(2) In subsection (7)(b), for “GDPR” substitute “ UK GDPR ”.

(3) For subsection (7A) substitute—

(7A) In subsection (7), “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I215Sch. 3 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Social Security (Scotland) Act 2018U.K.

26.—(1) Section 60 of the Social Security (Scotland) Act 2018 (right to reports used in determining entitlement) F90 is amended as follows.

(2) In subsection (2), for “GDPR” substitute “ UK GDPR ”.

(3) For subsection (3) substitute—

(3) In subsection (2), “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I216Sch. 3 para. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 3U.K.Amendments of other legislation

Channel Tunnel (International Arrangements) Order 1993U.K.

27.—(1) Article 4 of the Channel Tunnel (International Arrangements) Order 1993 (application of enactments) F91 is amended as follows.

(2) In paragraph (2)—

(a)after “For the purposes of” insert “ Article 3 of the UK GDPR and ”;

(b)in the words following paragraph (c), after “establishment (and” insert “ the UK GDPR and ”.

(3) In paragraph (3)—

(a)after “For the purposes of” insert “ Article 3 of the UK GDPR and ”;

(b)in the words following paragraph (b), after “establishment (and” insert “ the UK GDPR and ”.

(4) After paragraph (3) insert—

(4) In this article, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I217Sch. 3 para. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Channel Tunnel (Miscellaneous Provisions) Order 1994U.K.

28.—(1) Article 4 of the Channel Tunnel (Miscellaneous Provisions) Order 1994 (application of enactments) F92 is amended as follows.

(2) In paragraph (2)—

(a)after “For the purposes of” insert “ Article 3 of the UK GDPR and ”;

(b)for “the 2018 Act applies” substitute “ the UK GDPR and the 2018 Act apply ”.

(3) In paragraph (3)—

(a)after “For the purposes of” insert “ Article 3 of the UK GDPR and ”;

(b)for “the 2018 Act does” substitute “ the UK GDPR and the 2018 Act do ”.

(4) After paragraph (3) insert—

(4) In this article, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I218Sch. 3 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Scottish Parliamentary Corporate Body (Crown Status) Order 1999U.K.

29.  In article 7 of the Scottish Parliamentary Corporate Body (Crown Status) Order 1999 (Data Protection Act 2018) F93

(a)in paragraph (2)(a), (d) and (e), for “GDPR” substitute “ UK GDPR ”;

(b)omit paragraph (5).

Commencement Information

I219Sch. 3 para. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Northern Ireland Assembly Commission (Crown Status) Order 1999U.K.

30.  In article 9 of the Northern Ireland Assembly Commission (Crown Status) Order 1999 (Data Protection Act 2018) F94

(a)in paragraph (2)(a), (d) and (e), for “GDPR” substitute “ UK GDPR ”;

(b)omit paragraph (5).

Commencement Information

I220Sch. 3 para. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Representation of the People (England and Wales) Regulations 2001U.K.

31.  The Representation of the People (England and Wales) Regulations 2001 F95 are amended as follows.

Commencement Information

I221Sch. 3 para. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

32.—(1) Regulation 3(1) (interpretation) is amended as follows.U.K.

(2) In the definition of “Article 89 GDPR purposes”, for “the GDPR” substitute “ the UK GDPR ”.

(3) Omit the definition of “the GDPR”.

(4) At the appropriate place insert—

the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018;.

Commencement Information

I222Sch. 3 para. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

33.  In regulation 92(2)(ba) (interpretation and application of Part VI etc), for “the GDPR” substitute “ the UK GDPR ”.U.K.

Commencement Information

I223Sch. 3 para. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Representation of the People (Scotland) Regulations 2001U.K.

34.  The Representation of the People (Scotland) Regulations 2001 F96 are amended as follows.

Commencement Information

I224Sch. 3 para. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

35.—(1) Regulation 3(1) (interpretation) is amended as follows.U.K.

(2) In the definition of “Article 89 GDPR purposes”, for “the GDPR” substitute “ the UK GDPR ”.

(3) Omit the definition of “the GDPR”.

(4) At the appropriate place insert—

the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018;.

Commencement Information

I225Sch. 3 para. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

36.  In regulation 92(2)(ba) (interpretation of Part VI etc), for “the GDPR” substitute “ the UK GDPR ”.U.K.

Commencement Information

I226Sch. 3 para. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001U.K.

37.—(1) Article 9 of the Financial Services and Markets 2000 (Disclosure of Confidential Information) Regulations 2001 (disclosure by regulators or regulator workers to certain other persons) F97 is amended as follows.

(2) In paragraph (2B)(a), for “GDPR” substitute “ UK GDPR ”.

(3) For paragraph (6) substitute—

(6) In this article, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I227Sch. 3 para. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Nursing and Midwifery Order 2001U.K.

38.  The Nursing and Midwifery Order 2001 F98 is amended as follows.

Commencement Information

I228Sch. 3 para. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

39.—(1) Article 3 (the Nursing and Midwifery Council and its Committees) is amended as follows.U.K.

(2) In paragraph (18), for “GDPR” substitute “ UK GDPR ”.

(3) Omit paragraph (19).

Commencement Information

I229Sch. 3 para. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

40.—(1) Article 25 (the Council's power to require disclosure of information) is amended as follows.U.K.

(2) In paragraph (3), for “GDPR” substitute “ UK GDPR ”.

(3) In paragraph (6), omit the definition of “the GDPR”.

Commencement Information

I230Sch. 3 para. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

41.  In article 40(6) (Directive 2005/36/EC: designation of competent authority etc), omit the definition of “the GDPR”.U.K.

Commencement Information

I231Sch. 3 para. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

42.  In Schedule 4 (interpretation), at the appropriate place insert—U.K.

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I232Sch. 3 para. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Electronic Commerce (EC Directive) Regulations 2002U.K.

43.—(1) Regulation 3 of the Electronic Commerce (EC Directive) Regulations 2002 (exclusions) F99 is amended as follows.

(2) In paragraph (1)(b), for “GDPR” substitute “ UK GDPR ”.

(3) In paragraph (3)—

(a)omit the definition of “the GDPR”;

(b)at the appropriate place insert—

the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018;.

Commencement Information

I233Sch. 3 para. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Privacy and Electronic Communications (EC Directive) Regulations 2003U.K.

44.  In regulation 2(1) of the Privacy and Electronic Communications (EC Directive) Regulations 2003 F100, for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I234Sch. 3 para. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003U.K.

45.  The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 F101 is amended as follows.

Commencement Information

I235Sch. 3 para. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

46.—(1) Article 8 (exercise of powers by French officers in a control zone in the United Kingdom: disapplication of law of England and Wales) is amended as follows.U.K.

(2) In paragraph (2), for “The Data Protection Act 2018” substitute “The UK GDPR and the Data Protection Act 2018.

(3) After paragraph (2) insert—

(2A) In paragraph (2), “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I236Sch. 3 para. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

47.—(1) Article 11 (exercise of powers by UK immigration officers and constables in a control zone in France: enactments having effect) is amended as follows.U.K.

(2) In paragraph (4)—

(a)for “The Data Protection Act 2018” substitute “ The UK GDPR and the Data Protection Act 2018 (“the 2018 Act”) ”;

(b)for “section 207 of that Act” substitute “ Article 3 of the UK GDPR and section 207 of the 2018 Act ”.

(3) After paragraph (4) insert—

(4A) In paragraph (4), “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I237Sch. 3 para. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Pupils' Educational Records (Scotland) Regulations 2003U.K.

48.  The Pupils' Educational Records (Scotland) Regulations 2003 F102 are amended as follows.

Commencement Information

I238Sch. 3 para. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

49.  In regulation 2 (interpretation)—U.K.

(a)omit the definition of “the GDPR”;

(b)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I239Sch. 3 para. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

50.  In regulation 6(aa) and (ab) (circumstances where information should not be disclosed), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I240Sch. 3 para. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

51.  In regulation 9(1A) (in both places) and (1B), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I241Sch. 3 para. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Environmental Information Regulations 2004U.K.

52.  The Environmental Information Regulations 2004 F103 are amended as follows.

Commencement Information

I242Sch. 3 para. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

53.—(1) Regulation 2 (interpretation) is amended as follows.U.K.

(2) In paragraph (1)—

(a)in the definition of “the data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the words from “ “the GDPR”” to “(14) of that Act);”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

(3) In paragraph (4A)—

(a)after “references to” insert “ the UK GDPR and ”;

(b)after “as if in” insert “ Article 2 of the UK GDPR and ”;

(c)for “(other general processing)” substitute “ (exemptions for manual unstructured processing and for national security and defence purposes) ”.

Commencement Information

I243Sch. 3 para. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

54.  In regulation 13 (personal data), in paragraphs (2B)(a), (3A)(a), (5B)(b) and (c) and (6) (in both places), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I244Sch. 3 para. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Environmental Information (Scotland) Regulations 2004U.K.

55.  The Environmental Information (Scotland) Regulations 2004 F104 are amended as follows.

Commencement Information

I245Sch. 3 para. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

56.—(1) Regulation 2 (interpretation) is amended as follows.U.K.

(2) In paragraph (1)—

(a)in the definition of “the data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the words from “ “the GDPR”” to “(14) of that Act);”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

(3) In paragraph (3A)—

(a)after “references to” insert “ the UK GDPR and ”;

(b)after “as if in” insert “ Article 2 of the UK GDPR and ”;

(c)for “(other general processing)” substitute “ (exemptions for manual unstructured processing and for national security and defence purposes) ”.

Commencement Information

I246Sch. 3 para. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

57.  In regulation 11 (personal data), in paragraphs (3B), (4A)(a) and (7) (in both places), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I247Sch. 3 para. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Licensing Act 2003 (Personal Licences) Regulations 2005U.K.

58.—(1) Regulation 7 of the Licensing Act 2003 (Personal Licences) Regulations 2005 (application for grant of a personal licence) F105 is amended as follows.

(2) In paragraph (1)(b)(iii), for “GDPR” substitute “ UK GDPR ”.

(3) For paragraph (3) substitute—

(3) In this regulation, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I248Sch. 3 para. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Education (Pupil Information) (England) Regulations 2005U.K.

59.—(1) Regulation 5 of the Education (Pupil Information) (England) Regulations 2005 (disclosure of curricular and educational records) F106 is amended as follows.

(2) In paragraph (4), for “GDPR” (in both places) substitute “ UK GDPR ”.

(3) For paragraph (7) substitute—

(7) In this regulation, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act)..

Commencement Information

I249Sch. 3 para. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005U.K.

60.—(1) Regulation 45 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (sensitive information) F107 is amended as follows.

(2) In paragraphs (1B)(a) and (1C)(a), for “GDPR” substitute “ UK GDPR ”.

(3) In paragraph (1D)—

(a)in the definition of “the data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the words from “ “the GDPR”” to “(14) of that Act);”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

(4) In paragraph (1E), for “GDPR” (in both places) substitute “ UK GDPR ”.

Commencement Information

I250Sch. 3 para. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005U.K.

61.—(1) Regulation 39 of the Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 (sensitive information) F108 is amended as follows.

(2) In paragraphs (1B)(a) and (1C)(a), for “GDPR” substitute “ UK GDPR ”.

(3) In paragraph (1D)—

(a)in the definition of “the data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the words from “ “the GDPR”” to “(14) of that Act);”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

(4) In paragraph (1E), for “GDPR” (in both places) substitute “ UK GDPR ”.

Commencement Information

I251Sch. 3 para. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Register of Judgments, Orders and Fines Regulations 2005U.K.

62.  In regulation 3 of the Register of Judgments, Orders and Fines Regulations 2005 (interpretation) F109

(a)in the definition of “the data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the definition of “the GDPR”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I252Sch. 3 para. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

National Assembly for Wales (Representation of the People) Order 2007U.K.

63.—(1) Paragraph 14 of Schedule 1 to the National Assembly for Wales (Representation of the People) Order 2007 (absent voting at Assembly elections: conditions on the use, supply and inspection of absent vote records or lists) F110 is amended as follows.

(2) In sub-paragraph (1)(a), for “GDPR” substitute “ UK GDPR ”.

(3) For sub-paragraph (2) substitute—

(2) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I253Sch. 3 para. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

National Assembly for Wales Commission (Crown Status) Order 2007U.K.

64.  In article 5 of the National Assembly for Wales Commission (Crown Status) Order 2007 (Data Protection Act 2018) F111

(a)in paragraph (2)(a), (d) and (e), for “GDPR” substitute “ UK GDPR ”;

(b)omit paragraph (5).

Commencement Information

I254Sch. 3 para. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Representation of the People (Absent Voting at Local Elections) (Scotland) Regulations 2007U.K.

65.—(1) Regulation 18 of the Representation of the People (Absent Voting at Local Elections) (Scotland) Regulations 2007 (conditions on the supply and inspection of absent voter records or lists) F112 is amended as follows.

(2) In paragraph (1)(a), for “GDPR” substitute “ UK GDPR ”.

(3) For paragraph (2) substitute—

(2) In this regulation, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I255Sch. 3 para. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Representation of the People (Post-Local Government Elections Supply and Inspection of Documents) (Scotland) Regulations 2007U.K.

66.—(1) Regulation 5 of the Representation of the People (Post-Local Government Elections Supply and Inspection of Documents) (Scotland) Regulations 2007 (conditions on the use, supply and disclosure of documents open to public inspection) F113 is amended as follows.

(2) In paragraph (2)(i), for “GDPR” substitute “ UK GDPR ”.

(3) For paragraph (4) substitute—

(4) In this regulation, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I256Sch. 3 para. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Education (Pupil Records and Reporting) (Transitional) Regulations (Northern Ireland) 2007U.K.

67.  The Education (Pupil Records and Reporting) (Transitional) Regulations (Northern Ireland) 2007 F114 are amended as follows.

F114S.R. (N.I.) 2007 No. 43.

Commencement Information

I257Sch. 3 para. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

68.  In regulation 2 (interpretation)—U.K.

(a)omit the definition of “the GDPR”;

(b)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I258Sch. 3 para. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

69.  In regulation 10(2) (duties of Boards of Governors), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I259Sch. 3 para. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Representation of the People (Northern Ireland) Regulations 2008U.K.

70.—(1) Regulation 118 of the Representation of the People (Northern Ireland) Regulations 2008 (conditions on the use, supply and disclosure of documents open to public inspection) F115 is amended as follows.

(2) In paragraph (2), for “GDPR” substitute “ UK GDPR ”.

(3) For paragraph (4) substitute—

(4) In this regulation, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I260Sch. 3 para. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008U.K.

F11671.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116Sch. 3 paras. 71-75 omitted (31.12.2020 immediately before IP completion day) by virtue of The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/1281), regs. 1(3), 9; 2020 c. 1, Sch. 5 para. 1(1)

F11672.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F116Sch. 3 paras. 71-75 omitted (31.12.2020 immediately before IP completion day) by virtue of The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/1281), regs. 1(3), 9; 2020 c. 1, Sch. 5 para. 1(1)

F11673.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F116Sch. 3 paras. 71-75 omitted (31.12.2020 immediately before IP completion day) by virtue of The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/1281), regs. 1(3), 9; 2020 c. 1, Sch. 5 para. 1(1)

F11674.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F116Sch. 3 paras. 71-75 omitted (31.12.2020 immediately before IP completion day) by virtue of The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/1281), regs. 1(3), 9; 2020 c. 1, Sch. 5 para. 1(1)

F11675.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F116Sch. 3 paras. 71-75 omitted (31.12.2020 immediately before IP completion day) by virtue of The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/1281), regs. 1(3), 9; 2020 c. 1, Sch. 5 para. 1(1)

Energy Order 2003 (Supply of Information) Regulations (Northern Ireland) 2008U.K.

76.—(1) Regulation 5 of the Energy Order 2003 (Supply of Information) Regulations (Northern Ireland) 2008 (information whose disclosure would be affected by the application of other legislation) F117 is amended as follows.

(2) In paragraph (3B)(a), for “GDPR” substitute “ UK GDPR ”.

(3) In paragraph (5)—

(a)in the definition of “data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the definition of “the GDPR”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

F117S.R. (N.I.) 2008 No. 3.

Commencement Information

I261Sch. 3 para. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

INSPIRE Regulations 2009U.K.

77.—(1) Regulation 9 of the INSPIRE Regulations 2009 (public access to spatial data sets and spatial data services) F118 is amended as follows.

(2) In paragraph (2)(b), for “GDPR” substitute “ UK GDPR ”.

(3) In paragraph (8)—

(a)in the definition of “data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the definition of “the GDPR”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

(4) In paragraph (9), for “GDPR” (in both places) substitute “ UK GDPR ”.

Commencement Information

I262Sch. 3 para. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

INSPIRE (Scotland) Regulations 2009U.K.

78.—(1) Regulation 10 of the INSPIRE (Scotland) Regulations 2009 (public access to spatial data sets and spatial data services) F119 is amended as follows.

(2) In paragraph (2)(b), for “GDPR” substitute “ UK GDPR ”.

(3) In paragraph (7)—

(a)in the definition of “data protection principles”, for “GDPR” substitute “ UK GDPR ”;

(b)omit the definition of “the GDPR”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

(4) In paragraph (8), for “GDPR” (in both places) substitute “ UK GDPR ”.

Commencement Information

I263Sch. 3 para. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009U.K.

79.  The Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009 F120 are amended as follows.

F120S.R. (N.I.) 2009 No. 225.

Commencement Information

I264Sch. 3 para. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

80.  In regulation 2(2) (interpretation)—U.K.

(a)omit the words from “ “the GDPR”” to “(14) of that Act);”;

(b)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I265Sch. 3 para. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

81.  In regulation 25(7) (duty to co-operate by disclosing information as regards relevant persons), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I266Sch. 3 para. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

82.  In regulation 26(6) (responsible bodies requesting additional information be disclosed about relevant persons), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I267Sch. 3 para. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

83.  In regulation 29(3) (occurrence reports), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I268Sch. 3 para. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Pharmacy Order 2010U.K.

84.  The Pharmacy Order 2010 F121 is amended as follows.

Commencement Information

I269Sch. 3 para. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

85.  In article 3(1) (interpretation), at the appropriate place insert—U.K.

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I270Sch. 3 para. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

86.  In article 9(5) (inspection and enforcement), for “and references to Schedule 2 to the Data Protection Act 2018 have” substitute “ has ”.U.K.

Commencement Information

I271Sch. 3 para. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

87.—(1) Article 49 (disclosure of information: general) is amended as follows.U.K.

(2) In paragraph (2)(a), for “GDPR” substitute “ UK GDPR ”.

(3) Omit paragraph (6).

Commencement Information

I272Sch. 3 para. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

88.—(1) Article 55 (professional performance assessments) is amended as follows.U.K.

(2) In paragraph (5)(a), for “GDPR” substitute “ UK GDPR ”.

(3) Omit paragraph (9).

Commencement Information

I273Sch. 3 para. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Local Elections (Northern Ireland) Order 2010U.K.

89.  In paragraph 1(1) of Schedule 3 to the Local Elections (Northern Ireland) Order 2010 (access to marked registers and other documents open to public inspection after an election) F122

(a)in the definition of “Article 89 GDPR purposes”, for “the GDPR” substitute “ the UK GDPR ”;

(b)omit the definition of “the GDPR”;

(c)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I274Sch. 3 para. 89 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Prospective

Pupil Information (Wales) Regulations 2011U.K.

F12390.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123Sch. 3 para. 90 omitted (31.12.2020 immediately before IP completion day) by virtue of The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/1281), regs. 1(3), 9; 2020 c. 1, Sch. 5 para. 1(1)

Prospective

F12491.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F124Sch. 3 para. 91 omitted (31.12.2020 immediately before IP completion day) by virtue of The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/1281), regs. 1(3), 9; 2020 c. 1, Sch. 5 para. 1(1)

Police and Crime Commissioner Elections Order 2012U.K.

92.  The Police and Crime Commissioner Elections Order 2012 F125 is amended as follows.

Commencement Information

I275Sch. 3 para. 92 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

93.—(1) Schedule 2 (absent voting in Police and Crime Commissioner elections) is amended as follows.U.K.

(2) In paragraph 20 (absent voter lists: supply of copies etc)—

(a)in sub-paragraph (8)(a), for “GDPR” substitute “ UK GDPR ”;

(b)for sub-paragraph (11) substitute—

(11) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

(3) In paragraph 24 (restriction on use of absent voter records or lists or the information contained in them)—

(a)in sub-paragraph (3)(a), for “GDPR” substitute “ UK GDPR ”;

(b)for sub-paragraph (4) substitute—

(4) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I276Sch. 3 para. 93 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

94.—(1) Schedule 10 (access to marked registers and other documents open to public inspection after an election) is amended as follows.U.K.

(2) In paragraph 5 (restriction on use of absent voter records or lists or the information contained in them)—

(a)in sub-paragraph (3)(a), for “GDPR” substitute “ UK GDPR ”;

(b)for sub-paragraph (5) substitute—

(5) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018..

Commencement Information

I277Sch. 3 para. 94 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Neighbourhood Planning (Referendums) Regulations 2012U.K.

95.  In paragraph 29(1) of Schedule 6 to the Neighbourhood Planning (Referendums) Regulations 2012 (interpretation of Part 8) F126

(a)in the definition of “Article 89 GDPR purposes”, for “the GDPR” substitute “ the UK GDPR ”;

(b)omit the definition of “the GDPR”;

(c)in the definition of “relevant requirement”, for “the GDPR” substitute “ the UK GDPR ”;

(d)at the appropriate place insert—

the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018;.

Commencement Information

I278Sch. 3 para. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Controlled Drugs (Supervision of Management and Use) Regulations 2013U.K.

96.—(1) Regulation 20 of the Controlled Drugs (Supervision of Management and Use) Regulations 2013 (information management) F127 is amended as follows.

(2) In paragraph (5), for “GDPR” (in both places) substitute “ UK GDPR ”.

(3) For paragraph (7) substitute—

(7) In this regulation, “personal data” and “the UK GDPR” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (10) and (14) of that Act)..

Commencement Information

I279Sch. 3 para. 96 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Small and Medium Sized Business (Credit Information) Regulations 2015U.K.

97.—(1) Regulation 15 of the Small and Medium Sized Business (Credit Information) Regulations 2015 (access to and correction of information for individuals and small firms) F128 is amended as follows.

(2) In paragraph (1), for “GDPR” substitute “ UK GDPR ”.

(3) Omit paragraph (4).

Commencement Information

I280Sch. 3 para. 97 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Scottish Parliament (Elections etc) Order 2015U.K.

98.  The Scottish Parliament (Elections etc) Order 2015 F129 is amended as follows.

Commencement Information

I281Sch. 3 para. 98 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

99.—(1) Schedule 3 (absent voting) is amended as follows.U.K.

(2) In paragraph 16 (absent voting lists: supply of copies etc)—

(a)in sub-paragraph (4)(a), for “GDPR” substitute “ UK GDPR ”;

(b)for sub-paragraph (11) substitute—

(11) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

(3) In paragraph 20 (restriction on use of absent voting lists)—

(a)in sub-paragraph (3)(a), for “GDPR” substitute “ UK GDPR ”;

(b)for sub-paragraph (4) substitute—

(4) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Commencement Information

I282Sch. 3 para. 99 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

100.  In Schedule 8 (access to marked registers and other documents open to public inspection after an election), in paragraph 5 (restriction on use of documents)—U.K.

(a)in sub-paragraph (3)(a), for “GDPR” substitute “ UK GDPR ”;

(b)for sub-paragraph (5) substitute—

(5) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Commencement Information

I283Sch. 3 para. 100 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Electronic Identification and Trust Services for Electronic Transactions Regulations 2016U.K.

101.  In Schedule 2 to the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (Information Commissioner's enforcement powers) F130, in paragraph 16(a) and (b) (modification of section 159 of the Data Protection Act 2018), for “GDPR” substitute “ UK GDPR ”.

Commencement Information

I284Sch. 3 para. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Court Files Privileged Access Rules (Northern Ireland) 2016U.K.

102.  The Court Files Privileged Access Rules (Northern Ireland) 2016 F131 are amended as follows.

F131S.R. (N.I.) 2016 No. 123.

Commencement Information

I285Sch. 3 para. 102 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

103.  In rule 2 (interpretation), at the appropriate place insert—U.K.

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I286Sch. 3 para. 103 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

104.  In rule 5(a) (information that may be released), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I287Sch. 3 para. 104 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

105.  In rule 7(2)(a) (provision of information), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I288Sch. 3 para. 105 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017U.K.

106.  The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 F132 are amended as follows.

Commencement Information

I289Sch. 3 para. 106 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

107.  In regulation 3(1) (interpretation)—U.K.

(a)omit the words from “ “the GDPR” to “(14) of that Act);”;

(b)at the appropriate place insert—

the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);.

Commencement Information

I290Sch. 3 para. 107 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

108.  In regulation 16(8)(b) (risk assessment by the Treasury and Home Office), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I291Sch. 3 para. 108 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

109.  In regulation 17(9)(b) (risk assessment by supervisory authorities), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I292Sch. 3 para. 109 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

110.  In regulation 41 (data protection), in paragraphs (3)(a), (6), (7), (8) and (9), for “GDPR” substitute “ UK GDPR ”.U.K.

Commencement Information

I293Sch. 3 para. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 4U.K.Modification

References to the GDPRU.K.

111.—(1) Legislation described in sub-paragraph (2) has effect on and after [F133IP completion day] as if it were modified in accordance with sub-paragraphs (3) and (4) (but see sub-paragraph (5)).

(2) That legislation is—

(a)subordinate legislation made on or before [F134IP completion day];

(b)primary legislation passed or made on or before [F134IP completion day”].

(3) The following have effect as references to the UK GDPR—

(a)references to the GDPR as defined in section 3(10) of the 2018 Act or as defined for the purposes of Parts 5 to 7 of the 2018 Act;

(b)other references to 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).

(4) References described in sub-paragraph (3) which are references to the GDPR or the Regulation read with Chapter 2 of Part 2 of the 2018 Act have effect as references to the UK GDPR read with Part 2 of that Act.

(5) Sub-paragraphs (1) to (4) have effect unless the context otherwise requires and, in particular, do not affect references to the Regulation mentioned in sub-paragraph (3)(b) as it has effect in EU law.

(6) Paragraph 2 of Schedule 21 to the 2018 Act (inserted by these Regulations) has effect in relation to references to the UK GDPR arising as a result of this paragraph as it has effect in relation of other references to the UK GDPR.

(7) In this paragraph—

primary legislation” has the meaning given in section 211 of the 2018 Act;

references” includes any references, however expressed;

subordinate legislation” has the meaning given in the Interpretation Act 1978.

F133Words in Sch. 3 para. 111(1) substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 6(4)(a)

F134Words in Sch. 3 para. 111(2) substituted (31.12.2020 immediately before IP completion day) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (S.I. 2020/1586), regs. 1(2), 6(4)(b)

Commencement Information

I294Sch. 3 para. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 5U.K.Supplementary

Interpretation of references to enactmentsU.K.

112.  Nothing in Parts 2 to 4 of this Schedule is to be read as implying anything about whether references to an enactment or statutory provision (whether in Acts or instruments amended by those Parts of this Schedule or elsewhere) include the UK GDPR or other retained direct EU legislation.

Commencement Information

I295Sch. 3 para. 112 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Regulation 7

SCHEDULE 4U.K.Amendments consequential on provisions of the 2018 Act

Anti-terrorism, Crime and Security Act 2001U.K.

1.—(1) Part 1 of Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension of existing disclosure powers) F135 is amended as follows.

(2) Omit paragraph 42.

(3) After paragraph 53F insert—

53G.  Section 132(1) of the Data Protection Act 2018.

Commencement Information

I296Sch. 4 para. 1 in force at 29.3.2019, see reg. 1(3)

Investigatory Powers Act 2016U.K.

2.  In section 202(4) of the Investigatory Powers Act 2016 (restriction on use of class BDP warrants) F136, in the definition of “sensitive personal data”, for “section 2(a) to (f) of the Data Protection Act 1998” substitute “ section 86(7)(a) to (e) of the Data Protection Act 2018 ”.

Commencement Information

I297Sch. 4 para. 2 in force at 29.3.2019, see reg. 1(3)

Data Protection Act 2018U.K.

3.  In Schedule 19 to the Data Protection Act 2018 (minor and consequential amendments) F137, omit paragraphs 76 and 201.

Commencement Information

I298Sch. 4 para. 3 in force at 29.3.2019, see reg. 1(3)

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to legislation in relation to the regulation of the processing of personal data.

These Regulations are made in exercise of the powers in sections 8(1) and 23(1) of, and paragraphs 21 of Schedule 7 and 1(1) of Schedule 4 to, the European Union (Withdrawal) Act 2018 (c.16) (“the EUWA 2018”), in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom (“UK”) from the European Union (“EU”).

These Regulations also exercise powers in section 211(2) of the Data Protection Act 2018 (“the DPA 2018”) to make provision consequential to that Act, and in section 2(2) of the European Communities Act 1972 (c.68) for the purpose of implementing an EU obligation of the UK.

Regulations 1 and 2 cover citation, commencement, extent and interpretation.

Regulation 3 introduces Schedule 1, which amends Regulation (EU) 2016/679 of the European Parliament and of the Council (“the GDPR”) as it forms part of domestic law by virtue of section 3 of the EUWA 2018.

Regulation 4 introduces Schedule 2, which amends the DPA 2018.

Among other things, changes made by Schedules 1 and 2 have the effect of merging two pre-existing regimes for the regulation of the processing of personal data – namely that established by the GDPR as supplemented by Chapter 2 of Part 2 of the DPA 2018 as originally enacted, and that established in Chapter 3 of Part 2 of the DPA 2018 as originally enacted (“the applied GDPR”). The applied GDPR extended GDPR standards to certain processing out of scope of EU law and the GDPR.

Regulation 5 makes provision concerning interpretation in relation to processing that prior to exit day was subject to the applied GDPR.

Regulation 6 introduces Schedule 3, which makes amendments to other legislation. Part 1 of Schedule 3 revokes certain EU data protection law that forms part of domestic law by virtue of section 3 of the EUWA 2018. Parts 2 and 3 of Schedule 3 make amendments to other legislation consequential to the amendments made in Schedules 1 and 2. Part 4 of Schedule 3 makes general provision for references to the GDPR (that are not otherwise amended by Parts 2 or 3) to have effect as references to the UK GDPR on and after exit day. Part 5 of Schedule 3 makes supplementary provision in respect of Parts 2, 3 and 4.

Regulation 7 introduces Schedule 4 which makes amendments consequential to the DPA 2018 to the Anti-terrorism, Crime and Security Act 2001 (c.24) and to the Investigatory Powers Act 2016 (c.25). Related amendments appear in paragraphs 76 and 201 (respectively) of schedule 19 to the DPA but have not been commenced. Regulation 7 repeals those provisions.

Regulation 8 makes amendments to the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2002/2013) in light of provision made by the GDPR relating to the meaning of “consent”.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.