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UK Data Privacy Laws: What You Should Know as a Business Owner About UK GDPR
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Max
IT Technician
More than six out of ten UK businesses say they handle digital personal data—from staff details to customer records.
And according to a UK government survey, 58% of them manage data beyond just employee information, showing how deeply embedded data processing is in everyday business operations.
That’s exactly why understanding UK data privacy laws isn’t optional.
Since 25 May 2018, when the General Data Protection Regulation (GDPR) took effect—and later evolved into the UK data privacy laws known as the UK GDPR after Brexit—businesses have been required to follow strict rules about how data is collected, stored, shared, and deleted.
This guide breaks down what businesses need to know—from the rights of the data subject to the role of the controller, how to define a legal basis for processing personal data, and which specific privacy and data protection laws apply across different sectors and activities.
How is privacy and data protection important for businesses in the UK?
Every business in the UK that collects or processes personal data has legal responsibilities under UK data privacy laws.
This includes ensuring the rights of the data are respected, data is stored securely, and that only the data needed is processed—this is referred to as data minimisation.
Failure to comply can lead to penalties from the Information Commissioner’s Office (ICO) and serious reputational harm.
What are the UK data privacy laws?
UK data privacy laws refer to the legal framework that governs how personal data is collected, handled, and protected within the United Kingdom.
These laws were heavily influenced by the General Data Protection Regulation, which was retained in domestic law after Brexit and renamed as the UK GDPR. Alongside it, the Data Protection Act 2018 (DPA 2018) and the Privacy and Electronic Communications Regulations (PECR) also apply.
The combined data privacy solutions ensure that individuals, known legally as data subjects, have rights over their information.
Organisations acting as controllers or processors must meet specific standards. These include transparency, data protection impact assessments, secure storage, and documentation that explains the grounds for the processing of each type of data.
These laws apply regardless of whether the data processing takes place within the UK or outside the UK, as long as it concerns UK data subjects.
Which data privacy laws are applied in the UK?
Confused about which rules actually apply to your business? Let's explain each below.
UK General Data Protection Regulation (UK GDPR)
The UK GDPR is the primary law governing how businesses must handle personal data in the United Kingdom. It outlines seven key principles, including lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, integrity, and confidentiality.
The regulation defines what counts as personal data, who qualifies as a data subject, and sets the legal structure for processing their personal data.
Under the UK GDPR, organisations must demonstrate a clear legal basis for all processing activities. This includes identifying whether the processing is done under contract, consent, public interest, legal obligation, or legitimate interest.
Businesses also need to appoint a data privacy consultant if their core operations require regular and systematic monitoring of individuals on a large scale or involve special categories of personal data.
Data Protection Act 2018 (DPA 2018)
The DPA 2018 supplements and contextualises the UK GDPR for domestic use. It provides additional rules and exemptions, particularly for law enforcement, national security, and intelligence services.
The act also outlines conditions for processing criminal offence data, sets the age of consent for children’s data at 13, and grants the ICO powers to enforce privacy and data protection laws.
For businesses, the DPA 2018 explains how to manage data protection impact assessments, how to handle subject access requests, and when it is lawful to deny or limit certain rights of the data subject.
It also lays the groundwork for when personal data may be kept longer or shared based on public interest, legal requirement, or reference to an identifier such as a name, email, or IP address.
Privacy and Electronic Communications Regulations (PECR)
The PECR sits alongside the UK data privacy laws and controls the use of electronic communications for marketing, cookies, traffic and location data, and security breaches.
It applies to any business using email, SMS, phone calls, or web tracking technologies, regardless of whether personal data is processed.
Under PECR, organisations must obtain specific consent before sending direct marketing or using cookies, unless an exemption applies. The rules also regulate the retention of location data and call logs by telecom providers.
The UK GDPR and PECR must be applied together to ensure full compliance, especially where privacy and data protection are concerned.
How are UK data privacy laws different from other countries?
The UK data privacy laws are heavily based on the EU GDPR, but since Brexit, they’ve evolved into a distinct framework known as the UK GDPR, supported by the Data Protection Act 2018.
While the UK GDPR mirrors much of the original EU GDPR, it operates under UK domestic law, meaning any future amendments are made by the UK government, not the European Commission.
This gives the UK more flexibility, but it also means businesses need to track both UK and EU regulations if they handle EU personal data and UK data.
Unlike many non-European jurisdictions that rely on sectoral laws (such as HIPAA in the US), the UK enforces a General Data Protection Regulation that applies to all businesses and all sectors.
This includes strict requirements for legal basis, data subject rights, data minimisation, data protection impact assessments, and restrictions on transfers of personal data to countries without adequate protections.
UK law also includes the Privacy and Electronic Communications Regulations (PECR), which add rules for marketing, location data, cookies, and other forms of data privacy solutions often overlooked elsewhere.
These laws are enforced by the Information Commissioner’s Office (ICO) and backed by real penalties.
Quick summary of key differences:
- UK GDPR = Tailored UK version of EU GDPR (post-Brexit)
- UK law governs future changes (not EU)
- Includes extra obligations under PECR for electronic data
- UK businesses must manage both UK GDPR and EU GDPR when processing cross-border personal data
How to make sure your data is compliant for your business in the UK
Not sure if your business is meeting the latest UK data rules? This guide walks through the exact steps to keep your personal data practices compliant with UK data privacy laws and related frameworks.
Step 1: Identify all personal data you hold
The first step in compliance is understanding what personal data your business collects, stores, and shares.
This includes data concerning health, biometric data, genetic data, location data, and any information relating to an identified person. Whether you're tracking client names, emails, or staff records, you need to create a full data map.
This also applies to special categories of personal data, which require additional safeguards. Make sure to document what the data is, how it’s used, where it’s stored, and who has access.
Step 2: Define the legal basis for processing
Every piece of personal data your business processes must have a clear legal basis.
Under UK GDPR, this could be consent, contract, legal obligation, vital interest, public interest, or legitimate interest. Choosing the wrong basis for the processing can lead to violations of UK data privacy laws.
For example, if you’re collecting data for marketing purposes, it generally requires explicit consent under both UK GDPR and PECR. Keep records of how consent was obtained and provide a clear right to object.
Step 3: Update your privacy notices and internal documentation
Your public-facing privacy policy must explain what privacy and data protection legislation you comply with, what personal data may be collected, your legal basis, and the rights of the data subject.
Internally, maintain documentation that shows how you meet the requirements of the UK GDPR, including records of processing activities and any data protection impact assessments performed. For many businesses, this process is streamlined by working with a data privacy consultant.
This also includes keeping records for transfers of personal data, including any EU personal data handled under the transition period or the new regulations of 2019.
Step 4: Secure the data and apply technical and organisational measures
Businesses must apply technical and organisational measures to ensure appropriate security of data. This is where tailored data privacy solutions play a key role.
This includes protection against unauthorised access, accidental destruction or damage, and misuse. Encryption, access controls, and backup procedures are standard requirements under privacy and data protection laws.
If your systems involve cloud storage or off-site servers, verify whether your UK data service providers also meet the UK GDPR standards, especially for services outside the UK.
Step 5: Assign a Data Protection Officer if required
Some businesses are legally required to appoint a Data Protection Officer (DPO) under UK GDPR, especially if they carry out large-scale monitoring or process special categories of personal data.
This role is key to ensuring ongoing compliance and handling contact with the Information Commissioner’s Office. A qualified data privacy consultant may help fulfil this role.
Need help making your business data fully compliant?
Let’s talk about securing your data the right way.
Serveline offers tailored IT services and data privacy solutions that are built to meet the requirements of UK data privacy laws, ensure appropriate security, and protect your operations from regulatory risks.
Whether you're starting from scratch or need a deep audit of your current systems, our team of data privacy consultant experts is ready to help your business meet every legal obligation with confidence.
Book a consultation today and see why Serveline is the trusted name in privacy and data protection and UK compliance.
Frequently asked questions
What is the difference between the UK GDPR and the EU GDPR?
The UK GDPR and EU GDPR are both rooted in the General Data Protection Regulation, but the UK GDPR applies under UK domestic law after Brexit.
It governs how UK data is processed, while the EU GDPR applies to businesses handling EU personal data within the member states. Companies dealing with cross-border transfers of personal data must comply with both regulations to avoid non-compliance risks.
Who is considered a data subject under UK data privacy laws?
A data subject is any individual whose personal data is handled by a business. Under UK data privacy laws, organisations must respect the rights of the data, including the right to object, access, correct, or delete their data.
The law covers any information relating to an identified or identifiable person, such as location data or an identifier such as a name.
What legal basis must businesses have to process personal data?
To process personal data, a business must rely on a valid legal basis defined under the UK GDPR and the Data Protection Act 2018 (DPA 2018).
This can include legal obligation, public interest, or consent. Each basis for the processing must be documented to demonstrate compliance with the requirements of UK data privacy laws and the broader privacy and data protection legislation.
What data is considered sensitive under UK GDPR?
The UK GDPR defines special categories of personal data as sensitive, including genetic data, biometric data, and data concerning health. Processing this data triggers extra protection obligations and often requires an impact assessment.
Businesses must use technical and organisational measures and may need data privacy solutions to secure this data against unauthorised access, destruction, or damage.
What is the role of a data protection officer?
A data protection officer is responsible for ensuring that the organisation meets all data protection requirements under UK GDPR and PECR. This includes reviewing processing activities, conducting audits, and serving as the contact point for the Information Commissioner’s Office.
Appointing a DPO is a legal requirement for businesses involved in large-scale data processing or monitoring. In many cases, hiring an external data privacy consultant helps fulfil this obligation effectively.
How do the Privacy and Electronic Communications Regulations apply?
The Privacy and Electronic Communications Regulations (PECR) apply to electronic marketing, cookies, and the use of data in communication technologies.
PECR works in parallel with the UK General Data Protection Regulation, requiring consent for direct marketing and tracking tools. Businesses must update policies to reflect both PECR and the obligations found in UK data privacy laws and privacy and data protection principles.
Which UK laws and regulations must businesses follow for data protection?
Businesses must follow the Data Protection Act 2018, the DPA, the Act 1998, the Act 2000, Regulations 2004, and the updated Regulations 2019. These laws, brought into force by the UK government, form the core of the data privacy solutions framework.
They ensure that personal data is handled lawfully, aligning with national data protection goals, the law enforcement directive, and the expectations of the UK data privacy consultant sector.
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