The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019
Draft 2019, ISBN 9780111178300
This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 19th December 2018 and published on 20th December 2018 (ISBN 9780111177594). It is being issued free of charge to all known recipients of that draft Statutory Instrument.
Draft Regulations laid before Parliament under paragraphs 1(1) and 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, section 211(5) of the Data Protection Act 2018 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 for approval by resolution of each House of Parliament.
Exiting The European Union
Data Protection
Electronic Communications
Made ***
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 23(1) of, paragraph 1(1) of Schedule 4 to and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018f1, section 211(2) of the Data Protection Act 2018f2 and section 2(2) of the European Communities Act 1972f3.
In accordance with paragraph 3(1) of Schedule 4 to the European Union (Withdrawal) Act 2018, these Regulations are made with the consent of the Treasury.
The Secretary of State is a Minister designated for purposes of section 2(2) of the European Communities Act 1972 in respect of matters relating to electronic communications.
In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, section 211(5) of the Data Protection Act 2018 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Annotations to the whole text
Footnotes
- f1
- f2
- f3
-
1972. c. 68. Section 2 was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
Contents
- 1Citation, commencement and extent
- 2Interpretation
- 3Amendment of the UK GDPR
- 4Amendment of the Data Protection Act 2018
- 5GDPR merger modifications
- 6Consequential amendments of other legislation
- 7Amendments consequential on provisions of the 2018 Act
- 8Amendment of the Privacy and Electronic Communications Regulations 2003
- Signature
- Schedule 1: Amendments of the UK GDPR
- 1Introduction
- 2Introduction
- 3Chapter 1 (general provisions)
- 4Chapter 1 (general provisions)
- 5Chapter 1 (general provisions)
- 6Chapter 1 (general provisions)
- 7Chapter 2 (principles)
- 8Chapter 2 (principles)
- 9Chapter 2 (principles)
- 10Chapter 2 (principles)
- 11Chapter 3 (rights of the data subject)
- 12Chapter 3 (rights of the data subject)
- 13Chapter 3 (rights of the data subject)
- 14Chapter 3 (rights of the data subject)
- 15Chapter 3 (rights of the data subject)
- 16Chapter 3 (rights of the data subject)
- 17Chapter 3 (rights of the data subject)
- 18Chapter 3 (rights of the data subject)
- 19Chapter 3 (rights of the data subject)
- 20Chapter 4 (controller and processor)
- 21Chapter 4 (controller and processor)
- 22Chapter 4 (controller and processor)
- 23Chapter 4 (controller and processor)
- 24Chapter 4 (controller and processor)
- 25Chapter 4 (controller and processor)
- 26Chapter 4 (controller and processor)
- 27Chapter 4 (controller and processor)
- 28Chapter 4 (controller and processor)
- 29Chapter 4 (controller and processor)
- 30Chapter 4 (controller and processor)
- 31Chapter 4 (controller and processor)
- 32Chapter 4 (controller and processor)
- 33Chapter 4 (controller and processor)
- 34Chapter 4 (controller and processor)
- 35Chapter 4 (controller and processor)
- 36Chapter 4 (controller and processor)
- 37Chapter 4 (controller and processor)
- 38Chapter 5 (transfers of personal data to third countries or international organisations)
- 39Chapter 5 (transfers of personal data to third countries or international organisations)
- 40Chapter 5 (transfers of personal data to third countries or international organisations)
- 41Chapter 5 (transfers of personal data to third countries or international organisations)
- 42Chapter 5 (transfers of personal data to third countries or international organisations)
- 43Chapter 5 (transfers of personal data to third countries or international organisations)
- 44Chapter 6 (independent supervisory authorities)
- 45Chapter 6 (independent supervisory authorities)
- 46Chapter 6 (independent supervisory authorities)
- 47Chapter 6 (independent supervisory authorities)
- 48Chapter 6 (independent supervisory authorities)
- 49Chapter 6 (independent supervisory authorities)
- 50Chapter 6 (independent supervisory authorities)
- 51Chapter 6 (independent supervisory authorities)
- 52Chapter 6 (independent supervisory authorities)
- 53Chapter 6 (independent supervisory authorities)
- 54Chapter 6 (independent supervisory authorities)
- 55Chapter 7 (cooperation and consistency)
- 56Chapter 8 (remedies, liability and penalties)
- 57Chapter 8 (remedies, liability and penalties)
- 58Chapter 8 (remedies, liability and penalties)
- 59Chapter 8 (remedies, liability and penalties)
- 60Chapter 8 (remedies, liability and penalties)
- 61Chapter 8 (remedies, liability and penalties)
- 62Chapter 8 (remedies, liability and penalties)
- 63Chapter 8 (remedies, liability and penalties)
- 64Chapter 9 (provisions relating to specific processing situations)
- 65Chapter 9 (provisions relating to specific processing situations)
- 66Chapter 9 (provisions relating to specific processing situations)
- 67Chapter 9 (provisions relating to specific processing situations)
- 68Chapter 9 (provisions relating to specific processing situations)
- 69Chapter 9 (provisions relating to specific processing situations)
- 70Chapter 9 (provisions relating to specific processing situations)
- 71Chapter 9 (provisions relating to specific processing situations)
- 72Chapter 10 (delegated acts and implementing acts)
- 73Chapter 11 (final provisions)
- 74Chapter 11 (final provisions)
- 75Chapter 11 (final provisions)
- 76Chapter 11 (final provisions)
- 77Chapter 11 (final provisions)
- 78Chapter 11 (final provisions)
- 79Chapter 11 (final provisions)
- 80Supplementary
- Schedule 2: Amendments of the Data Protection Act 2018
- 1Introduction
- 2Part 1 (preliminary)
- 3Part 1 (preliminary)
- 4Part 1 (preliminary)
- 5Part 2 (general processing) (other than Schedules 1 to 6)
- 6Part 2 (general processing) (other than Schedules 1 to 6)
- 7Part 2 (general processing) (other than Schedules 1 to 6)
- 8Part 2 (general processing) (other than Schedules 1 to 6)
- 9Part 2 (general processing) (other than Schedules 1 to 6)
- 10Part 2 (general processing) (other than Schedules 1 to 6)
- 11Part 2 (general processing) (other than Schedules 1 to 6)
- 12Part 2 (general processing) (other than Schedules 1 to 6)
- 13Part 2 (general processing) (other than Schedules 1 to 6)
- 14Part 2 (general processing) (other than Schedules 1 to 6)
- 15Part 2 (general processing) (other than Schedules 1 to 6)
- 16Part 2 (general processing) (other than Schedules 1 to 6)
- 17Part 2 (general processing) (other than Schedules 1 to 6)
- 18Part 2 (general processing) (other than Schedules 1 to 6)
- 19Part 2 (general processing) (other than Schedules 1 to 6)
- 20Part 2 (general processing) (other than Schedules 1 to 6)
- 21Part 2 (general processing) (other than Schedules 1 to 6)
- 22Part 2 (general processing) (other than Schedules 1 to 6)
- 23Part 2 (general processing) (other than Schedules 1 to 6)
- 24Part 2 (general processing) (other than Schedules 1 to 6)
- 25Part 2 (general processing) (other than Schedules 1 to 6)
- 26Part 2 (general processing) (other than Schedules 1 to 6)
- 27Part 2 (general processing) (other than Schedules 1 to 6)
- 28Part 2 (general processing) (other than Schedules 1 to 6)
- 29Part 2 (general processing) (other than Schedules 1 to 6)
- 30Part 2 (general processing) (other than Schedules 1 to 6)
- 31Part 2 (general processing) (other than Schedules 1 to 6)
- 32Part 2 (general processing) (other than Schedules 1 to 6)
- 33Part 2 (general processing) (other than Schedules 1 to 6)
- 34Part 2 (general processing) (other than Schedules 1 to 6)
- 35Part 2 (general processing) (other than Schedules 1 to 6)
- 36Part 2 (general processing) (other than Schedules 1 to 6)
- 37Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 38Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 39Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 40Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 41Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 42Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 43Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 44Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 45Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 46Part 3 (law enforcement processing) (other than Schedules 7 and 8)
- 47Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 48Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 49Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 50Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 51Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 52Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 53Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 54Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 55Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 56Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 57Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 58Part 5 (Information Commissioner) (other than Schedules 12 to 14)
- 59Part 6 (enforcement) (other than Schedules 15 to 17)
- 60Part 6 (enforcement) (other than Schedules 15 to 17)
- 61Part 6 (enforcement) (other than Schedules 15 to 17)
- 62Part 6 (enforcement) (other than Schedules 15 to 17)
- 63Part 6 (enforcement) (other than Schedules 15 to 17)
- 64Part 6 (enforcement) (other than Schedules 15 to 17)
- 65Part 6 (enforcement) (other than Schedules 15 to 17)
- 66Part 6 (enforcement) (other than Schedules 15 to 17)
- 67Part 6 (enforcement) (other than Schedules 15 to 17)
- 68Part 6 (enforcement) (other than Schedules 15 to 17)
- 69Part 6 (enforcement) (other than Schedules 15 to 17)
- 70Part 6 (enforcement) (other than Schedules 15 to 17)
- 71Part 6 (enforcement) (other than Schedules 15 to 17)
- 72Part 6 (enforcement) (other than Schedules 15 to 17)
- 73Part 6 (enforcement) (other than Schedules 15 to 17)
- 74Part 6 (enforcement) (other than Schedules 15 to 17)
- 75Part 6 (enforcement) (other than Schedules 15 to 17)
- 76Part 6 (enforcement) (other than Schedules 15 to 17)
- 77Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 78Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 79Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 80Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 81Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 82Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 83Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 84Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 85Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 86Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 87Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 88Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 89Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 90Part 7 (supplementary and final provision) (other than Schedules 18 to 20)
- 91Schedules
- 92Schedules
- 93Schedules
- 94Schedules
- 95Schedules
- 96Schedules
- 97Schedules
- 98Schedules
- 99Schedules
- 100Schedules
- 101Schedules
- 102Schedules
- Schedule 3: Consequential amendments of other legislation
- Part 1: Revocation of retained EU law
- 1Revocation of Regulations and Decisions
- 2Revocation of provisions of EEA agreement
- Part 2: Amendments of primary legislation
- 3Consumer Credit Act 1974
- 4Consumer Credit Act 1974
- 5Consumer Credit Act 1974
- 6Consumer Credit Act 1974
- 7Pharmacy (Northern Ireland) Order 1976
- 8Medical Act 1983
- 9Medical Act 1983
- 10Medical Act 1983
- 11Medical Act 1983
- 12Medical Act 1983
- 13Medical Act 1983
- 14Dentists Act 1984
- 15Dentists Act 1984
- 16Dentists Act 1984
- 17Dentists Act 1984
- 18Opticians Act 1989
- 19Immigration and Asylum Act 1999
- 20Freedom of Information Act 2000
- 21Health and Personal Social Services Act (Northern Ireland) 2001
- 22Freedom of Information (Scotland) Act 2002
- 23Mental Health (Care and Treatment) (Scotland) Act 2003
- 24Crime and Courts Act 2013
- 25Small Business, Enterprise and Employment Act 2015
- 26Social Security (Scotland) Act 2018
- Part 3: Amendments of other legislation
- 27Channel Tunnel (International Arrangements) Order 1993
- 28Channel Tunnel (Miscellaneous Provisions) Order 1994
- 29Scottish Parliamentary Corporate Body (Crown Status) Order 1999
- 30Northern Ireland Assembly Commission (Crown Status) Order 1999
- 31Representation of the People (England and Wales) Regulations 2001
- 32Representation of the People (England and Wales) Regulations 2001
- 33Representation of the People (England and Wales) Regulations 2001
- 34Representation of the People (Scotland) Regulations 2001
- 35Representation of the People (Scotland) Regulations 2001
- 36Representation of the People (Scotland) Regulations 2001
- 37Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
- 38Nursing and Midwifery Order 2001
- 39Nursing and Midwifery Order 2001
- 40Nursing and Midwifery Order 2001
- 41Nursing and Midwifery Order 2001
- 42Nursing and Midwifery Order 2001
- 43Electronic Commerce (EC Directive) Regulations 2002
- 44Privacy and Electronic Communications (EC Directive) Regulations 2003
- 45Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
- 46Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
- 47Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
- 48Pupils’ Educational Records (Scotland) Regulations 2003
- 49Pupils’ Educational Records (Scotland) Regulations 2003
- 50Pupils’ Educational Records (Scotland) Regulations 2003
- 51Pupils’ Educational Records (Scotland) Regulations 2003
- 52Environmental Information Regulations 2004
- 53Environmental Information Regulations 2004
- 54Environmental Information Regulations 2004
- 55Environmental Information (Scotland) Regulations 2004
- 56Environmental Information (Scotland) Regulations 2004
- 57Environmental Information (Scotland) Regulations 2004
- 58Licensing Act 2003 (Personal Licences) Regulations 2005
- 59Education (Pupil Information) (England) Regulations 2005
- 60Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005
- 61Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005
- 62Register of Judgments, Orders and Fines Regulations 2005
- 63National Assembly for Wales (Representation of the People) Order 2007
- 64National Assembly for Wales Commission (Crown Status) Order 2007
- 65Representation of the People (Absent Voting at Local Elections) (Scotland) Regulations 2007
- 66Representation of the People (Post-Local Government Elections Supply and Inspection of Documents) (Scotland) Regulations 2007
- 67Education (Pupil Records and Reporting) (Transitional) Regulations (Northern Ireland) 2007
- 68Education (Pupil Records and Reporting) (Transitional) Regulations (Northern Ireland) 2007
- 69Education (Pupil Records and Reporting) (Transitional) Regulations (Northern Ireland) 2007
- 70Representation of the People (Northern Ireland) Regulations 2008
- 71Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008
- 72Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008
- 73Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008
- 74Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008
- 75Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008
- 76Energy Order 2003 (Supply of Information) Regulations (Northern Ireland) 2008
- 77INSPIRE Regulations 2009
- 78INSPIRE (Scotland) Regulations 2009
- 79Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009
- 80Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009
- 81Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009
- 82Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009
- 83Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009
- 84Pharmacy Order 2010
- 85Pharmacy Order 2010
- 86Pharmacy Order 2010
- 87Pharmacy Order 2010
- 88Pharmacy Order 2010
- 89Local Elections (Northern Ireland) Order 2010
- 90Pupil Information (Wales) Regulations 2011
- 91Pupil Information (Wales) Regulations 2011
- 92Police and Crime Commissioner Elections Order 2012
- 93Police and Crime Commissioner Elections Order 2012
- 94Police and Crime Commissioner Elections Order 2012
- 95Neighbourhood Planning (Referendums) Regulations 2012
- 96Controlled Drugs (Supervision of Management and Use) Regulations 2013
- 97Small and Medium Sized Business (Credit Information) Regulations 2015
- 98Scottish Parliament (Elections etc) Order 2015
- 99Scottish Parliament (Elections etc) Order 2015
- 100Scottish Parliament (Elections etc) Order 2015
- 101Electronic Identification and Trust Services for Electronic Transactions Regulations 2016
- 102Court Files Privileged Access Rules (Northern Ireland) 2016
- 103Court Files Privileged Access Rules (Northern Ireland) 2016
- 104Court Files Privileged Access Rules (Northern Ireland) 2016
- 105Court Files Privileged Access Rules (Northern Ireland) 2016
- 106Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- 107Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- 108Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- 109Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- 110Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- Part 4: Modification
- 111References to the GDPR
- Part 5: Supplementary
- 112Interpretation of references to enactments
- Schedule 4: Amendments consequential on provisions of the 2018 Act
- 1Anti-terrorism, Crime and Security Act 2001
- 2Investigatory Powers Act 2016
- 3Data Protection Act 2018
- Explanatory note