Paragraph 2 Merger of the directly applicable GDPR and the applied GDPRF1

United Kingdom

(1)

On and after IP completion day, references in an enactment to the UK GDPR (including the reference in the definition of “the data protection legislation” in section 3(9)) include—

(a)

the EU GDPR as it was directly applicable to the United Kingdom before IP completion day, read with Chapter 2 of Part 2 of this Act as it had effect before IP completion day, and

(b)

the applied GDPR, read with Chapter 3 of Part 2 of this Act as it had effect before IP completion day.

(2)

On and after IP completion day, references in an enactment to, or to a provision of, Chapter 2 of Part 2 of this Act (including general references to this Act or to Part 2 of this Act) include that Chapter or that provision as applied by Chapter 3 of Part 2 of this Act as it had effect before IP completion day.

(3)

Sub-paragraphs (1) and (2) have effect—

(a)

in relation to references in this Act, except as otherwise provided;

(b)

in relation to references in other enactments, unless the context otherwise requires.

Annotations

Textual amendments

F1: Sch. 21 inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 102 (with reg. 5, Sch. 3 para. 111(6)) (as amended by S.I. 2020/1586, regs. 1(2), 5(4)); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Schedule 21

Modifications

C1: Sch. 21: power to amend conferred (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 142(2)(g), 143(2)