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The UK General Data Protection Regulation (UK GDPR) is the fundamental law governing the use of personal data in the UK. However, the UK GDPR rules apply to more than just UK businesses. Its extraterritorial scope requires international companies to comply with its regulations in certain circumstances. Failure to do so can lead to severe penalties and reputational damage. This article explores why an international business should take legal advice on UK GDPR compliance.
What is the Extraterritorial Reach of UK GDPR?
The UK GDPR applies to any business, regardless of location, if it processes the personal data of individuals in the UK. This means that even if your company operates outside the UK, you must comply with UK GDPR if you offer goods or services to UK residents or monitor their behaviour.
For instance, imagine your US-based e-commerce store selling products to customers in the UK. As such, you collect their data (e.g., customer names, email addresses, telephone numbers, and payment card information) to process your orders. Even though you operate from the US, UK GDPR rules apply because you target customers inside the UK. You should know the rules and how they apply to your business.
Why Is Taking Legal Advice on UK GDPR Compliance Important?
Legal advice is crucial for international businesses to properly comply with the UK GDPR. As a foreign business, you will likely need to become more familiar with how the UK’s rules work in practice. In such cases, local counsel from data protection lawyers qualified in English law is critical.
Here are several reasons why legal advice from experienced UK data protection lawyers is critical:
Advice on Mapping Personal Data Flows
A data protection lawyer will help your business identify where and how personal data enters, moves within, and exits your organisation. This comprehensive understanding is crucial for determining how much UK GDPR applies to your operations. It is, in fact, the starting point for any UK GDPR compliance project and is vital to understanding the extent to which your business processes personal information about individuals in the UK.
With this expertise, a foreign business will be better placed to determine which personal data it holds and which legal and compliance risks it faces from a UK data protection law perspective.
Determining the Scope of UK GDPR
A data protection lawyer can accurately assess how the UK GDPR impacts business activities. They will help you understand whether your data processing activities fall under the UK GDPR’s remit and which rules apply to you.
This step is crucial for international businesses unfamiliar with UK laws, as UK GDPR requirements may significantly differ from those in other countries. Legal advice will help you clarify your obligations, preventing accidental non-compliance with UK data protection legal rules.
Advising on Compliance and Documentation
This is where legal advisors can add significant value.
Compliance with the UK GDPR can involve numerous requirements. These can range from establishing lawful bases for data processing personal data to implementing data subject rights procedures. They can also include the task of ensuring data security.
Data protection lawyers will guide your business through these requirements, providing tailored advice and practical solutions. They can also help advise on and draft critical documentation, such as privacy notices, data protection policies, and data breach incident response plans which comply with UK GDPR rules. This comprehensive support will ensure your business meets all regulatory obligations and demonstrates its commitment to data protection.
This factsheet sets out how your business can become GDPR compliant.
This is particularly important for an international business, to whom many of these requirements may be entirely new. A global business will also have niche issues to consider, such as appointing a UK representative for compliance purposes.
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What are the Commercial Benefits of Compliance for an International Business?
Compliance with UK GDPR extends beyond legal obligations and penalties and can bring significant commercial benefits.
As an international business, demonstrating robust data protection practices can help your company improve its customer confidence and trust. Consumers increasingly value privacy and data security measures, which can lead to several advantages.
Further, demonstrating a commitment to data protection can enhance your business’s reputation, attracting new customers, partners, and investors who prioritise privacy and security.
Key Takeaways
International businesses will benefit from seeking legal advice on UK GDPR compliance. Data protection lawyers can assist your business by mapping data flows, determining the UK GDPR’s applicability to your business, and advising on compliance and documentation. Legal advice is essential for companies unfamiliar with UK laws to help ensure they meet legal requirements and prevent risk.
If you need advice on complying with the UK GDPR as an international business, LegalVision’s experienced data, privacy, and IT lawyers can assist you as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
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