In addition to existing UK and EU data protection legislation, such as GDPR and DPA, several new laws come into effect during 2024.
Here at Day One, we’ve created business compliance training for many of the world’s biggest brands, so we keep an eye on issues such as post-Brexit data privacy legislation that will affect our current and future clients.
Any large business handles vast amounts of personal data. For companies based in the UK or operating within the European Union (EU), navigating the complex landscape of data protection regulations is vital for avoiding hefty fines, legal action, and reputational damage.
Compliance with these laws is not just about protecting data; it’s about respecting individuals’ privacy and ensuring that any data handling is secure and transparent.
To help businesses ensure compliance, it’s crucial to understand the key pieces of legislation governing data protection in the UK and EU, and the necessity of training teams to stay compliant.
UK Data Reform Bill
The UK is adjusting its data protection laws post-Brexit through the Data Protection and Digital Information Bill. This is also known as the UK Data Reform Bill. This aims to make UK data protection laws more flexible and business-friendly, while still protecting individuals’ privacy rights.
Potential Changes
- Flexibility for Businesses: The UK may ease some GDPR-style requirements, particularly for SMEs, by reducing the complexity of compliance without undermining privacy protections.
- Reduction in DPIA Requirements: Some of the stringent GDPR requirements, such as conducting DPIAs, might be simplified.
Training Focus
- Keeping up with ongoing legislative changes and preparing for adjustments to compliance strategies.
- Understanding the potential impact of more flexible regulations for SMEs.
Read more about the Data Protection and Digital Information Bill on the UK parliament website.
General Data Protection Regulation (GDPR)
GDPR is the cornerstone of data protection legislation within the EU and, post-Brexit, still significantly influences UK data law. Implemented in 2018, the GDPR applies to any business, regardless of location, if it processes the personal data of EU citizens. The regulation emphasises transparency, security, and accountability in data processing.
Key GDPR Compliance Requirements
Data Subject Rights: Companies must be prepared to handle requests from individuals regarding their personal data, including access, correction, and deletion.
Lawful Basis for Processing: Businesses must ensure they have a legitimate reason for processing personal data (e.g., consent, contract necessity).
Data Breach Notification: In case of a data breach, companies must report it to the relevant authority within 72 hours.
Data Protection by Design: Privacy considerations should be integrated into the creation of new processes, systems, and products.
Data Protection Impact Assessments (DPIAs): Companies must assess the risks associated with data processing, particularly when it involves sensitive data or poses high risks to individuals’ privacy.
Training Focus
- Understanding data subject rights and how to respond to data access or deletion requests.
- Implementing and maintaining a lawful basis for data processing.
- Recognising and reporting data breaches promptly.
- Conducting DPIAs and embedding privacy in system designs.
Read about how for Deutsche Bank, we created multilingual elearning in Data Protection, Privacy and Records Management in line with GDPR legislation.
UK Data Protection Act 2018 (DPA 2018)
After the UK left the EU, the DPA 2018 became the principal legislation governing data protection in the UK. While it mirrors much of the GDPR, it has tailored provisions for UK-specific circumstances post-Brexit.
Key DPA 2018 Compliance Requirements
UK GDPR Alignment: The DPA 2018 supplements the UK’s version of the GDPR, maintaining most GDPR principles while allowing the UK to make some adjustments post-Brexit.
Exemptions and Modifications: Certain sectors, such as law enforcement or immigration, may have exemptions under the DPA 2018.
Children’s Data: There are stricter requirements for handling data from children under 13, such as obtaining parental consent for online services.
Training Focus
- Differentiating between the EU GDPR and the DPA 2018.
- Understanding sector-specific exemptions and applying them appropriately.
- Managing children’s data with heightened security and obtaining proper consent.
EU ePrivacy Directive (Cookie Law)
The ePrivacy Directive, often referred to as the “Cookie Law,” regulates electronic communications and data collection online, particularly the use of cookies and direct marketing. While GDPR governs personal data broadly, the ePrivacy Directive specifically focuses on privacy in the digital environment.
Key ePrivacy Compliance Requirements
Consent for Cookies: Websites must obtain user consent before storing cookies or other tracking technologies unless they are strictly necessary for the website’s basic functions.
Opt-in for Marketing Communications: Businesses must ensure individuals explicitly consent to receiving marketing communications via email, SMS, or similar methods.
Transparency: Clear and concise information about what data is being collected and for what purposes must be provided to users.
Training Focus
- Implementing cookie consent mechanisms that comply with the law.
- Ensuring marketing communications comply with opt-in requirements.
- Informing website visitors transparently about tracking technologies and how their data is used.
NIS Directive and NIS2 (Cybersecurity)
The NIS Directive (Directive on Security of Network and Information Systems) aims to improve the cybersecurity of critical infrastructure, including energy, transport, and digital services providers. Its update, NIS2, expands its scope and tightens the obligations for businesses.
Key NIS Compliance Requirements
Cybersecurity Measures: Companies must implement robust security measures to prevent cyberattacks.
Incident Reporting: Organisations must report significant cybersecurity incidents to relevant authorities.
Supplier Risk Management: Companies are responsible for managing the cybersecurity risks of third-party suppliers.
Training Focus
- Enhancing awareness of cybersecurity threats and implementing technical measures.
- Reporting and responding to cybersecurity incidents efficiently.
- Managing risks in supply chains and third-party partners.
An estimated 160,000 companies across 15 sectors are affected by the NIS2 Directive, and there is a 10 Million Euro maximum fine for non-compliance with the legislation.
Further reading: EY offer a detailed guide on how to prepare for the NIS2 Directive on their website.
Other Relevant Legislation
There are other laws that businesses, particularly in specific sectors, should be aware of, such as the Freedom of Information Act 2000 (for public bodies), the PECR (Privacy and Electronic Communications Regulations), and the CMA (Computer Misuse Act 1990), which protects against hacking and cybercrime.
Importance of Staff Training in Data Protection
Compliance is not just a one-off activity but an ongoing commitment that requires vigilance and awareness. Regular staff training ensures that employees understand their responsibilities under these laws and can act accordingly.
Training should cover
- Recognising and handling personal data appropriately.
- Managing data breaches and reporting procedures.
- Ensuring transparency and obtaining valid consent when collecting data.
Given the constant evolution of data protection laws and the penalties for non-compliance, organisations should treat data protection training as an essential part of their business strategy.
In Summary
The regulatory landscape surrounding data protection in the UK and EU is complex and constantly evolving. Companies need to stay up to date with these changes and ensure their teams are properly trained to handle personal data lawfully and securely. By doing so, businesses can not only stay compliant but also build trust with their customers, protecting both their operations and their reputation in the process.
Ensuring staff receive proper training on data protection laws like the GDPR, DPA 2018, and sector-specific regulations is key to maintaining compliance and mitigating business risks.
Would you like to discuss the creation of custom, interactive compliance training that can engage your learners and keep your company compliant? Contact us at Day One to discuss your needs.
