In Short
- The UK and EU now have separate data protection laws, even though many rules still look similar.
- Your business may need to comply with both the UK GDPR and the EU GDPR, depending on where people are based and how you use their data.
- Data transfers between the UK and Europe can require specific contracts and risk assessments.
Tips for Businesses
Map where your personal data comes from, where it goes, and which countries are involved. Check whether each activity falls under UK GDPR, EU GDPR, or both. Review your contracts and data transfer documents regularly, especially when using EU Standard Contractual Clauses or the UK Addendum. Keep an eye on UK law changes, as data protection rules continue to evolve.
Summary
This article explains how UK data protection law interacts with EU data protection rules for businesses operating across the United Kingdom and the European Union. Prepared by LegalVision, a commercial law firm specialising in advising clients on data protection and privacy matters, it outlines how the two regimes differ and what this means in practice.
Trading across global markets (including the UK and the EU) can create opportunities for business growth. However, it also introduces important legal responsibilities, especially when your business handles personal data in both locations. If your business operates in the UK and also works with customers, partners, or suppliers in Europe, you will have a range of legal duties. In particular, data protection law rules will apply if you process personal data about individuals living in the UK and EU.
Since the UK left the European Union, the UK and the EU have operated under separate data protection systems. This raises important legal considerations for businesses trading in the UK and EU markets that are subject to both regimes. Understanding which rules apply to your organisation’s operations is essential for risk prevention and for building trust around data usage.
This article explores examples of data protection law considerations for UK businesses that also process personal data of individuals in the EU.
This factsheet sets out how your business can become GDPR compliant.
The UK’s Data Protection Law Regime
The data protection law framework in the UK governs how organisations may use personal data. Your responsibilities depend heavily on the role you take in processing activity, such as whether your business acts as a data controller or processor and on how you use personal data in practice.
Organisations must assess their practices under both the UK GDPR and the Data Protection Act 2018 to ensure they understand and comply with their obligations.
The Data Protection Act 2018 contains additional provisions covering matters such as:
- special category data;
- law enforcement processing; and
- the powers of the Information Commissioner’s Office (ICO).
The ICO is the independent regulator for the UK data protection regime. It is responsible for enforcing compliance with the UK GDPR and the Data Protection Act 2018. It is important to note that the ICO does not regulate processing that falls within the EU GDPR.
When the UK left the EU, many rules from the EU GDPR were brought directly into UK law, meaning that the core principles and rights are similar. However, the UK has also been introducing its own reforms under the Domestic Data (Use and Access) Act 2025.
The EU GDPR no longer applies directly in the UK. However, it can still apply to your business if you operate in the EU or handle the personal data of people living there.
Seeking legal advice can help you understand which rules apply to which activities, so nothing important is missed.
Key Data Protection Law Differences
Businesses operating in both the UK and the EU must determine which data protection rules apply to their operations. As the UK GDPR and EU GDPR are separate laws, your organisation must identify which applies to each type of data processing.
Some important distinctions to be aware of include (but are not limited to) the following:
Transferring Personal Data Between the UK and Europe
You can transfer personal data to countries that are considered to have adequate data protection. Many UK organisations routinely transfer personal data to Europe. Transferring personal data from the European Economic Area (EEA) to the UK relies on an adequacy decision granted by the European Commission. However, that decision can be reviewed or changed over time, and it does not apply to certain types of transfers.
International Data Transfer Safeguards
If your business sends personal data from the UK to a country that is not considered adequate, then you must use a UK-approved international data transfer mechanism unless very limited exceptions apply. These mechanisms include the International Data Transfer Agreement or the UK Addendum, which adapts the EU Standard Contractual Clauses for use in the UK.
Organisations may still come across the EU Standard Contractual Clauses when transferring data involving Europe. These clauses sit within EU data protection law, and completing them properly may require EU-specific legal advice.
Businesses operating in both the EU and the UK may use the EU Standard Contractual Clauses for data transfers. However, these clauses cannot be used on their own for UK transfers and must include the UK Addendum.
Therefore, businesses working across the UK and EU need to carefully check which data transfer safeguards apply to each transfer, as cross-border arrangements can be more complex.
International Data Transfer Risk Assessments
The UK and the EU also have different approaches to assessing risks associated with international transfers of personal data.
Under the UK GDPR, organisations may need to complete a Transfer Risk Assessment when relying on UK transfer tools. The ICO provides guidance to help organisations apply this risk-based assessment.
The EU GDPR has its own assessment process, sometimes referred to as a Transfer Impact Assessment. This process falls within the EU’s separate legal framework. If your activities fall within the EU GDPR, you should seek advice from EU-qualified lawyers to understand how these requirements may apply.
Businesses need to understand the different approaches between the EU and UK and not confuse their obligations under respective laws. For UK businesses, following the ICO’s guidance can help to understand domestic UK requirements. It is important to understand that changes to UK laws may also affect data transfer rules.
Continue reading this article below the formUnderstand Risks and Take Legal Advice
Businesses operating across both the UK and EU can face questions about how their data processing fits under each set of data protection rules, and what documents or safeguards they need to put in place to stay compliant. You must recognise that compliance with one regime does not automatically meet the requirements of the other, and so careful analysis is necessary.
As UK data protection law continues to evolve, particularly following the introduction of the Data (Use and Access) Act 2025, organisations that are operating in both the UK and the EU should treat each system as a separate compliance framework and ensure their contracts, assessments, and policies reflect the requirements of both regimes.
A UK data protection lawyer can help you:
- identify your obligations under the UK GDPR;
- map your data flows; and
- understand the UK’s requirements and how they apply to your business.
If any part of your operations falls under the EU GDPR, a UK lawyer can also assist you by identifying when EU-specific advice is needed.
Key Takeaways
Compliance with data protection is vital, not only in the UK but also in other jurisdictions. The UK and the EU operate separate data protection law frameworks following Brexit, and careful analysis is required for businesses that may be subject to both regimes. Although the underlying principles of the UK and EU GDPR remain similar, each data protection framework is separate and includes specific requirements and nuances. It is important for businesses to understand:
- the distinctions between the two regimes;
- how each applies to their operations; and
- ensure compliance with both sets of laws to avoid risks and penalties.
This article provides a high-level introduction from a UK legal perspective but does not provide EU legal advice. Where your activities may fall within the scope of the EU GDPR, you should seek guidance from EU-qualified lawyers.
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Frequently Asked Questions
The EU GDPR does not apply within the UK. It may, however, apply separately if your activities involve processing personal data of individuals in the European Economic Area. If you are an EU business with operations in the UK, seeking advice from a UK solicitor can help your business understand any compliance obligations arising under UK domestic law and avoid risks.
Transfers from the UK to the European Economic Area are currently permitted under adequacy decisions, which is helpful for businesses. However, it is important that businesses remain alert to any changes in the rules and seek legal advice if they require support in understanding the rules governing their international data transfers.
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