What effect will Brexit have on the application of the General Data Protection Regulation to the UK?

The GDPR is in effect from 25 May 2018 across all EU member states, including the UK. The application of the GDPR in the UK will not be affected by Brexit.

The GDPR will be incorporated into UK law by the European Union (Withdrawal) Act 2018, when the UK leaves the EU. The Government has also introduced the Data Protection Act 2018, which supplements the GDPR, replacing the Data Protection Act 1998.

Further, the GDPR will continue to apply directly to:

  • organisations established in the EU (for example international organisations with an EU presence); and
  • organisations established outside of the EU, but that process personal data of individuals in the EU in relation to offering goods or services, or monitoring the behaviour of individuals in the EU.