Regulation 5 GDPR merger modificationsI1

Schedules 1 and 2 include modifications (“the GDPR merger modifications”) that merge the provisions relating to the processing of personal data that, immediately before F1IP completion day, are found in the EU GDPR and the applied GDPR, read with the 2018 Act.

F2Assimilated case law falling within paragraph (3) F3is not, by virtue of the GDPR merger modifications, to be treated as relevant to the UK GDPR or the 2018 Act as they apply to applied GDPR processing on and after F4IP completion day.

F5Assimilated case law falls within this paragraph so far as F6it is, or is derived from, principles or decisions that are not relevant to any of the following immediately before F7IP completion day—

having regard (among other things) to the limits of EU competence immediately before IP completion day.

In this regulation—

• “the applied Chapter 2” means Chapter 2 of Part 2 of the 2018 Act as applied by Chapter 3 of that Part immediately before F8IP completion day (see section 22 of that Act);

• “the applied GDPR” means the EU GDPR as applied by Chapter 3 of Part 2 of the 2018 Act as it has effect immediately before IP completion day (see section 22 of that Act);

• “applied GDPR processing” means the processing of personal data to which the applied GDPR applied immediately before IP completion day (see section 21 of the 2018 Act);

• F9“assimilated case law” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 6(7) of that Act);

• “the EU GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) as it has effect in EU law immediately before IP completion day F10.

• F11...