SCHEDULE 2Amendments of the Data Protection Act 2018
I185
1
Section 205 is amended as follows.
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 F1IP 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 F1IP 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 F1IP 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.