Explanatory Note
(This note is not part of the Regulations)
These Regulations make amendments to legislation in relation to the regulation of the processing of personal data.
These Regulations are made in exercise of the powers in sections 8(1) and 23(1) of, and paragraphs 21 of Schedule 7 and 1(1) of Schedule 4 to, the European Union (Withdrawal) Act 2018 (c.16) ("the EUWA 2018"), in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom ("UK") from the European Union ("EU").
These Regulations also exercise powers in section 211(2) of the Data Protection Act 2018 ("the DPA 2018") to make provision consequential to that Act, and in section 2(2) of the European Communities Act 1972 (c.68) for the purpose of implementing an EU obligation of the UK.
Regulations 1 and 2 cover citation, commencement, extent and interpretation.
Regulation 3 introduces Schedule 1, which amends Regulation (EU) 2016/679 of the European Parliament and of the Council ("the GDPR") as it forms part of domestic law by virtue of section 3 of the EUWA 2018.