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Protecting personal data has become a considerable responsibility for businesses around the globe.
The UK Data Protection Act 2018 (DPA 2018) regulates how organisations manage personal information. Together with the UK General Data Protection Regulation (UK GDPR), it forms part of a strict framework of rules to protect personal information. Many businesses know the UK GDPR, but not all know precisely what the DPA 2018 is and how it works. This article explores some key facts about the DPA 2018 and what it means for your business.
What Is the UK GDPR?
Most businesses know the UK GDPR very well. It is the main framework for data protection laws in the UK. These broad and strict laws consist of a set of rules and principles that apply to virtually all businesses, as most businesses process some form of personal information.
What Is the Data Protection Act 2018?
The Data Protection Act 2018 (DPA 2018) is a UK law that works alongside the UK GDPR to help provide a comprehensive data protection framework.
There are various reasons why the DPA 2018 is crucial for a UK business to understand.
Some key points you should understand about the DPA 2018 include the following:
- this law replaced the outdated Data Protection Act of 1998. It aimed to modernise data protection laws to tackle the challenges of the digital age and ensure that the legal framework could handle new technologies;
- while the UK GDPR sets out broad principles, the DPA 2018 fills in certain gaps by tackling specific issues not covered by the UK GDPR. For instance, it lays down rules for how law enforcement and intelligence services handle data. It also establishes a unique data protection regime for intelligence agencies like MI5, MI6, and GCHQ, ensuring they meet recognised data protection standards; and
- the DPA 2018 clarifies and enhances the powers of the regulator of the Information Commissioner’s Office (ICO), giving it greater authority to oversee and enforce data protection compliance across different sectors.
The DPA 2018 addresses various data protection needs, providing clarity and guidance to various industries. It includes provisions for general data processing that most businesses will encounter, helping them align with the UK GDPR and specific UK requirements.
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How Does the Data Protection Act 2018 Work With the UK GDPR?
The DPA 2018 and the UK GDPR work together to form a broad data protection framework in the UK. While the UK GDPR establishes the general rules, the DPA 2018 adds specific details tailored to the UK. For instance, the DPA 2018 sets out extra rules that the UK GDPR does not cover. This ensures data protection in the UK is robust and flexible, adapting to various scenarios and requirements.
This factsheet sets out how your business can become GDPR compliant.
As a key example, the DPA 2018 sets out rules for the need for an Appropriate Policy Document and includes additional provisions for processing special category personal data. As a business, you should not just focus on complying with the UK GDPR. You should also ensure you comply with any applicable provisions in the DPA 2018.
Why Should Your Business Care About UK Data Protection Law?
Understanding and complying with UK data protection laws is a legal obligation and crucial for your business reputation and commercial dealings.
Complying with data protection law rules can benefit your business in various ways. For instance:
- data breaches are high-risk and can be catastrophic and brand-destroying. Showing a commitment to data protection can help you build customer trust, foster loyalty, and enhance your brand’s reputation;
- data protection laws impose significant fines for non-compliance. Failing to protect personal data can lead to penalties of up to £17.5 million or 4% of your global annual turnover, whichever is higher. Compliance will help your business avoid these costly fines by helping you stay on the right side of the law;
- by complying with data protection laws, your business will process personal data according to the mandatory legal rules, thereby reducing the risk of legal challenges and protecting your business from potential data breaches or misuse lawsuits; and
- stakeholders and businesses are increasingly aware of their data laws and the need to comply with them. Aligning your business practices with data protection laws helps you meet customer expectations and stand out in a competitive market. Potential business partners and third parties may check for this before working with your business. You can often expect questions on data protection measures as part of supplier due diligence.
What Steps Should Your Business Take to Ensure Compliance?
Your business may need to take many steps to comply with strict data protection law rules. Below are a few common steps that apply to most companies. However, what you must do will be specific to your business and how it uses personal information.
You Should Conduct Regular Audits
Review your data processing activities regularly to identify areas of potential non-compliance and ensure that you are handling personal data in accordance with the UK GDPR and DPA 2018. A data protection lawyer can help your business assess this.
You Should Implement Data Protection Policies and Procedures
Your business must develop clear policies and internal procedures to comply with data protection law rules. You should also ensure these policies are updated over time. Do not simply draft them once and forget about them – your data protection policies will likely need to change as your business evolves and legal rules develop.
You Should Appoint a Data Protection Officer (DPO) or Lead
Consider appointing a DPO to oversee your compliance efforts. If you do not appoint a DPO, consider appointing a data protection lead, such as a Data Privacy Manager or data privacy team, to oversee your compliance.
You Should Provide Staff Training
Train your teams regularly on data protection principles and practices, ensuring they understand their responsibilities under the DPA 2018 and UK GDPR. Staff are one of the most common causes of accidental data breaches.
You Should Make Sure You Prioritise Data Security
Data security should be a top priority, and you should be extremely careful about it in your daily activities. Make sure that you implement robust security measures to protect personal data from unauthorised access, loss, or damage. These measures could include encryption, access controls, and regular security testing.
Ultimately, each business is different, and its compliance obligations depend on how and why it uses personal data. You should seek legal advice if you need support understanding your obligations under the DPA 2018 or UK GDPR.
Key Takeaways
Always remember that complying with data protection law is business critical when processing personal data, which means any type of personal information about individuals.
The Data Protection Act 2018 is essential to the UK’s data protection framework. It provides detailed data privacy rules that supplement areas not covered by the UK GDPR.
Organisations must understand and comply with relevant rules under the DPA 2018 and the UK GDPR. If they genuinely commit to complying with data protection law, they can build trust with their customers and stakeholders.
If you need advice on complying with the Data Protection Act 2018, LegalVision’s experienced data privacy lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers who can answer your questions and draft and review your documents. Call us today at 0808 196 8584 or visit our membership page.
Frequently Asked Questions
1. What is the Data Protection Act 2018?
The Data Protection Act 2018 is vital to the UK’s data protection legislation, which sits alongside the UK GDPR. It governs personal information handling activities and strengthens individuals’ rights. It imposes a range of rules on organisations and individuals who process personal data and falls within its broad scope.
2. What is the UK GDPR?
The UK GDPR governs privacy and the processing of personal data in the UK. It was adopted as part of English law following Brexit and is similar to the EU GDPR, which applies in the EU.
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