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Volume XII, Number 267

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UK Government Publishes New Proposed Data Protection Law

The UK Government has finally published its highly anticipated Data Protection and Digital Information Bill (the Bill), marking the first significant post-Brexit change to the UK’s data protection regime. Following Brexit, the UK continued following the EU General Data Protection Regulation, incorporated into UK law as the UK GDPR, and the UK implementation of the EU ePrivacy Directive, the Privacy and Electronic Communications Regulations 2003 (PECR), also remained in force.

The Bill is only at the start of the legislative process, and it remains to be seen how it will develop if it is amended during its passage through Parliament, but early indications are that it represents more of an evolution than a revolution in the UK regime. That will come as a relief to businesses that transfer personal data from the EU to the UK, because it reduces the risk that the EU might rescind the UK’s adequacy status.

For a start, the Bill actually preserves the UK GDPR, its enabling legislation the Data Protection Act 2018, and the PECR, because it is drafted as an amending act rather than a completely new legislative instrument. This does not contribute to user-friendliness, as interpreting UK data protection requirements will require a great deal of cross-referencing across texts.

The more eye-catching proposed changes in the Bill include:

  • The inclusion of a list of “legitimate interests” that will automatically qualify as being covered by the lawful basis in UK GDPR Article 6(e).

  • Some limitations on data subject access requests, such as the possibility of refusing “vexatious or excessive” requests.

  • More exemptions from the requirement to obtain consent to cookies.

  • Much higher fees for breach of PECR.

The Bill will now progress through various Parliamentary stages over the coming months in order to become law.

Copyright 2022 K & L GatesNational Law Review, Volume XII, Number 208
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About this Author

Claude-Étienne Armingaud, KL Gates, Paris, data protection lawyer, commercial contracts attorney
Partner

Claude-Etienne Armingaud’s practice focuses on the representation of public and private companies in the area of information technologies and intellectual property law. Mr. Armingaud provides counsel to his clients at all stages of their corporate life cycle and in wide-ranging transactions, including in connection with litigation compliance matters, intellectual property protection and development, data protection strategic operations, and other commercial contracts.

Mr. Armingaud regularly advises start-up companies in matters relating to...

33-0-1-58-44-15-16
Nóirín McFadden Intellectual Property and Communications Attorney K&L Gates London
Senior Associate

Nóirín McFadden is a senior associate in the firm’s London office. She concentrates her practice on intellectual property, technology and commercial matters. Nóirín has experience in data and trade mark licensing and in distribution agreements and has also worked on a range of technology matters including software licensing and online agreements. Nóirín advises on wide-ranging data protection issues, including data transfers.

+44.(0)20.7360.8135
Keisha Phippen IP Procurement & Portfolio Management Attorney K&L Gates London, UK
Associate

Keisha Phippen is an associate in the firm’s London office where she is a member of the IP procurement and portfolio management practice group.

Professional Background

Prior to joining the firm Ms. Phippen served as a commercial lawyer at a full service law firm based in the UK where she provided specialist advice on a range of commercial matters; drafted and developed a wide variety of standard and bespoke commercial documents; and supported clients with all-party contractual negotiations through to post completion queries.

Primary Practice

  • IP...

44.(0)20.7360.8267
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