Data Protection Act

The Data Protection Act 2018 (DPA) has received Royal Assent and came into force on Friday 25 May 2018, repealing the previous Data Protection Act 1998. The Information Commissioner, Elizabeth Denham has said that the DPA “will put in place one of the final pieces of much needed data protection reform. Effective, modern data protection laws with robust safeguards are central to securing the public’s trust and confidence in the use of personal information within the digital economy, the delivery of public services and the fight against crime”.

The new Act has been drafted to ensure that we will be able to exchange personal data with the EU freely, after Brexit. The General Data Protection Regulation 2018 (GDPR) is an EU regulation which should be read alongside the DPA. The majority of core principles under the DPA and GDPR are the same, however the DPA contains tailored provisions for how the law is to be applied specifically within the UK. For example, there are provisions which apply to intelligence services within the UK. There are also provisions which deal with processing in relation to immigration and other elements of the GDPR which UK national law requires expansion on.

The new legislation imposes obligations on those who process and control data, to be compliant with the law. As of 25 May 2018 data controllers and processors are expected to be, or have proof that they are working towards being, GDPR/DPA compliant. This is particularly important because the DPA has granted the Information Commissioner’s Office (ICO), heightened powers of enforcement. The maximum penalty has been increased in the UK for data breaches and failure to comply. Organisations can now be fined up to £17 million or 4% of their global turnover, whichever is higher. The revision of data protection offences in comparison to the previous DPA, instils a more contemporary approach to the modern realities of data protection, in the hope that it will deter organisations from being careless or reckless with data. How strictly and stringently the ICO will be in exercising their heightened powers however, remains to be seen.

We have developed a number of useful guides and tools to help you and your business maintain GDPR compliance. If you would like further information regarding this, please contact us. 

CONTACT CHRIS

If you would like more information or advice relating to this article or an Employment law matter, please do not hesitate to contact Chris Cook on 01727 798089.
Views & Insight
Stained glass window Employment SA Law
SA Law commuters on London Bridge
Views & Insights
UK's post-Brexit immigration policy is highly damaging for hospitality

Immigration solicitor, Gemma Jones comments in Big Hospitality about the impact of Brexit on the UK hospitality sector.

Read More
SA Law Red arrow neon light image
Views & Insights
ICO publishes passwords and encryption guidance

Partner, Chris Cook, identifies the new ICO guidance on passwords in online services and encryption under GDPR.

Read More
Stained glass window Employment SA Law
Views & Insights
Employment tribunal fees back on the agenda

Partner, Keely Rushmore comments in Personnel Today following the recent discussion of tribunal fees.

Read More
SA Law View and Insights books
Views & Insights
SA Law is delighted to announce success in this year's Directories rankings

We are pleased to share that we have held our position in all our main practice areas in both Chambers & Partners and Legal 500.

Read More
Join our team puzzle piece SA Law
Views & Insights
Mental health & the legal profession

Kelly Pike comments in The Times following international mental health day. Junior lawyers suffering mental health problems may struggle to ask for support.

Read More
Stained glass window Employment SA Law
Views & Insights
Ethnicity pay gap will 'lead to flood of tribunal claims'

SA Law Employment solicitor Nikita Sonecha comments in The Times about the proposed plans announced for an ethnicity pay gap report for employers with…

Read More
Stained glass window Employment SA Law
Views & Insights
Businesses may be required to report ethnicity pay gap

Nikita Sonecha comments in People Management on the plans announced that ethnicity pay gap reports may become mandatory under new plans by the Prime Minister.…

Read More
Stained glass window Employment SA Law
Views & Insights
GDPR and SARs; staying compliant and protected

Partner and Head of Employment & Data Protection, Chris Cook writes in Education Executive about the GDPR and SARs.

Read More
Stained glass window Employment SA Law
Views & Insights
Changes to National Minimum Wage Enforcement under TUPE – Where does liability now lie?

Employment Law Update

Read More
SA Law Employment Laptop

© SA LAW 2018

Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them alone. You are recommended to obtain specific advice in respect of individual cases.