Category Data Protection Act 1998

British data protection laws to criminalize breaches of GDPR

The British Government  has just announced (Monday 7 August 2017) that it will incorporate Directive 2016/679 (General Data Protection Regulation) along with specific derogations permitted under the GDPR as well as the Data Protection Law Enforcement Directive (DPLED) into UK law.

The move effectively repeals the current Data Protection Act 1998.

This follows a short consultation period (12 April – 10 May 2017) that called for views and which included 170 submissions from a wide range of professional bodies, legal and consumer groups, local government, technology companies, global organisations and academic institutions (7.1% of all respondents), including Henley Business School.

“Bringing EU law into our domestic law will ensure that we help to prepare the UK for the future after we ha...

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New Data Protection Act announced in Queen’s Speech to be in alignment with GDPR

The British Government signalled its intention to replace the Data Protection Act 1998 with a new Data Protection Act that will be in alignment with the EU General Data Protection Regulation (GDPR). The Department for Culture, Media and Sport and the Home Office will be the relevant ‘Lead Departments’ overseeing the passage of the Data Protection Bill through Parliament.

“A new law will ensure that the United Kingdom retains its world-class regime protecting personal data”, said Her Majesty the Queen Elizabeth II in her speech to both the House of Commons and the House of Lords on Wednesday 21 June 2017.

The Bill will fulfil a manifesto commitment to ensure the UK has a data protection regime that is fit for the 21st century.

The Bill will ensure that our data protection framework ...

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This week’s competition is ‘spot the difference’ between DPA 1998 and GDPR

spot the differenceIt’s not as easy as it looks, is it? And that goes for the differences between the Data Protection Act (DPA) 1998 and the forthcoming EU General Data Protection Regulation (GDPR) on course to gain consent from the European Commission, European Parliament and European Council of Ministers in early January2016.

That means it will be fully implemented at the end of 2017 after the 2-year transition period expires.

Once GDPR has achieved agreement, the Data Protection Directive 95/46/EC is repealed and the basis for the DPA 1998 has effectively been removed.

The legal position as to what happens during the transition period is still to be worked out but by far the safest course of action is for organisations to comply fully with the data protection principles enshrined under the GDPR, given t...

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