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Overview of UK data protection regime (DPA 1998 version)
Practical Law UK Practice Note Overview 7-107-4765 (Approx. 87 pages)
Overview of UK data protection regime (DPA 1998 version)
by Robbie Downing, Baker & McKenzie LLP and Practical Law Data Protection
| Law stated as at 01 Dec 2017 • United Kingdom |
A review of the nature and scope of UK data protection laws including a discussion of the application of those laws in specific areas such as direct marketing.
Note: With effect from 1 December 2017, this resource is no longer being maintained. From 25 May 2018, the EU General Data Protection Regulation ((EU) 2016/679) (GDPR) replaced the current regime established by the Data Protection Act 1998. It is supplemented by the Data Protection Act 2018. For legal developments between 1 December 2017 and 24 May 2018, please refer to the legal updates on the topic page for this resource: see General.
The European Commission is reviewing a related piece of legislation, the E-Privacy Directive (2002/58/EC), implemented in the UK by the Privacy and Electronic Communications Regulations (2003/2426) (as amended) (PECR). Their replacement, the draft E-Privacy Regulation (COM (2017) 10 final) (draft ePR), was not agreed in time to align with the GDPR on 25 May (see Legal update, Government confirms delay to draft E-Privacy Regulation). The Information Commissioner has confirmed that PECR (with GDPR standard of consent) will continue to apply until the draft ePR is finalised. We are updating our direct marketing, cookie and other related resources to reflect this. For further information see E-Privacy Regulation tracker. For further information and ICO guidance, see Practice note, Overview of GDPR: UK perspective: Direct marketing and draft E-Privacy Regulation.