Guide to the General Data Protection Regulation (GDPR)

The GDPR – or General Data Protection Regulation – governs how organisations process personal data.

Following Brexit, there are now two versions of the GDPR that apply in the UK: the EU GDPR and the  UK GDPR.

The EU GDPR supersedes the EU Data Protection Directive 1995 and all member state law based on it. It applies to organisations that process or control the processing of EU residents’ personal information, wherever the organisations are based.

The UK GDPR is supplemented by the DPA (Data Protection Act) 2018, which applies the GDPR’s provisions to certain types of processing that are outside the Regulation’s scope. The UK GDPR and DPA 2018 should, therefore, be read together.

Find out more about the DPA 2018 and UK GDPR, and how they differ from the EU GDPR

For clarity, we refer to “the GDPR” to mean those requirements common to both the UK and EU versions of the Regulation. Where the two laws differ, we use the regional prefixes.

The DUAA (Data (Use and Access) Act 2025) came into law on 19 June 2025. We are currently reviewing and updating our information pages to account for the changes to UK data protection law introduced by the Act. If you need any expert guidance on how your data processing obligations will change, contact our experts today.

The GDPR gives individuals (known as data subjects) more control over how their personal data is processed. It places a range of obligations on organisations that process and control the processing of personal data.

The UK GDPR applies both to UK organisations that collect, store or otherwise process the personal data of individuals residing in the UK, and to non-UK organisations that offer goods or services to, or monitor the behaviour of, UK residents.

The EU GDPR applies both to EU organisations that collect, store or otherwise process the personal data of individuals residing in the EU, and to non-EU organisations that offer goods or services to, or monitor the behaviour of, EU residents.

UK organisations therefore have at least two data protection laws to adhere to:

• The DPA 2018 and UK GDPR if they process only domestic personal data.
• The DPA 2018 and UK GDPR, and the EU GDPR if they process domestic and EU personal data, and offer goods and services to, or monitor the behaviour of, people in the EU.

If you are a UK organisation bound by the EU GDPR, you may need to:

• Appoint an EU representative.
• Identify a lead supervisory authority in the EU; and/or
• Update your policies, procedures and other documentation in light of the changes you make.

Learn more about UK data protection law

• A data controller is the natural or legal person, public authority, agency or any other body that determines how and why personal data is processed.
• A data processor is the natural or legal person, public authority, agency or any other body that processes personal data on behalf of the data controller.

Your compliance requirements differ depending on whether you are a controller or processor – or both.

Read our blog: Data controller vs data processor

The six data processing principles
Data controllers must comply with six data processing principles. Personal data must be:

1. Processed lawfully, fairly and transparently.
2. Collected only for specific legitimate purposes.
3. Adequate, relevant and limited to what is necessary.
4. Accurate and, where necessary, kept up to date.
5. Stored only as long as is necessary.
6. Processed in a manner that ensures appropriate security.

Lawful processing
Except for special categories of personal data, which cannot be processed except under certain circumstances, personal data can only be processed:

• If the data subject has given their consent;
• To meet contractual obligations;
• To comply with legal obligations;
• To protect the data subject’s vital interests;
• For tasks in the public interest; and
• For the legitimate interests of the organisation.

Read our blog, The GDPR’s Six Lawful Bases For Processing – With Examples

Data subjects’ rights
Data subjects have:

• The right to be informed;
• The right of access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to data portability;
• The right to object; and
• Rights concerning automated decision-making and profiling.

  Read our blog, GDPR: Data Subject Rights and Organisations’ responsibilities

Valid consent
There are strict rules regarding consent:

• Consent must be freely given, specific, informed and unambiguous.
• A request for consent must be intelligible and in clear, plain language.
• Silence, pre-ticked boxes and inactivity will no longer suffice as consent.
• Consent can be withdrawn at any time.
• Consent for online services from a child is only valid with parental authorisation.
• Organisations must be able to evidence consent.

Data protection by design and by default
Data controllers and processors must implement technical and organisational measures that are designed to implement the data processing principles effectively.

• Appropriate safeguards should be integrated into the processing.
• Data protection must be considered at the design stage of any new process, system or technology.
• A DPIA is an integral part of privacy by design.

  Read our blog, The GDPR’s requirements for encryption

Transparency and privacy notices
Organisations must be clear about how, why and by whom personal data will be processed.

• When personal data is collected directly from data subjects, data controllers must provide a privacy notice at the time of collection.
• When personal data is not obtained directly from data subjects, data controllers must provide a privacy notice without undue delay, and within a month. This must be done the first time they communicate with the data subject.
• For all processing activities, data controllers must decide how the data subjects will be informed, and design privacy notices accordingly. Notices can be issued in stages.
• Privacy notices must be provided to data subjects in a concise, transparent and easily accessible form, using clear and plain language.

International data transfers
The GDPR permits international transfers of personal data under certain circumstances:

• Where the destination country has an adequacy decision, demonstrating that it provides an adequate level of data protection;
• Through SCCs (standard contractual clauses) or binding corporate rules; or
• By complying with an approved certification mechanism.

On 28 June 2021, the European Commission announced that it had adopted an adequacy decision in respect of the UK’s post-Brexit data protection regime.

This means personal data can continue to flow from the EEA to the UK, without the need for organisations to use SCCs or other means of ensuring that appropriate safeguards apply.

The UK’s data protection regime will be deemed adequate for four years, after which the adequacy findings will be renewed only if the UK continues to afford EU residents’ personal data an adequate level of protection, in line with the EU GDPR. If UK data protection law deviates from the EU GDPR to a significant extent, the Commission could withdraw the decision.

Many UK-based organisations that process EU residents’ personal data also need to GDPR: International Data Transfers Using the IDTA, SCCs or BCRs.

Mandatory data breach notification
The GDPR defines a personal data breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”.

• Data processors are required to report all breaches of personal data to data controllers.
• Data controllers are required to report breaches to the supervisory authority (the ICO (Information Commissioner’s Office) in the UK) within 72 hours of becoming aware of them if there is a risk to data subjects’ rights and freedoms.
• Data subjects themselves must be notified without undue delay if there is a high risk to their rights and freedoms.

 Read our blog, GDPR: How long do you have to report a data breach?

DPOs (data protection officers)
Appointing a DPO is mandatory for:

• Public authorities;
• Organisations involved in high-risk processing; and
• Organisations processing special categories of data.

A DPO has set tasks:

• Inform and advise the organisation of its obligations.
• Monitor compliance, including awareness-raising, staff training and audits.
• Cooperate with data protection authorities and act as a contact point.

 Find out more about the DPO role under the GDPR

Download our free paper to learn:

• How the GDPR is enforced in the UK, and which organisations must comply;
• The benefits of achieving compliance; and
• The Regulation’s core principles and rights.

Download now

Personal data is any information relating to an identified or identifiable natural person (data subject). The GDPR places much stronger controls on the processing of special categories of sensitive data than the DPA 1998 did.

Read our blog: Personal data vs. sensitive data: what’s the difference?

Personal data

• Name
• Address
• Email address
• Photo
• IP address
• Location data
• Online behaviour (cookies)
• Profiling and analytics data

Special categories of personal data

• Race
• Religion
• Political opinions
• Trade union membership
• Sexual orientation
• Health information
• Biometric data
• Genetic data

Infringements of the EU GDPR can result in fines of up to €20 million (about £18 million) or 4% of annual global turnover – whichever is greater.

Infringements of the UK GDPR can result in administrative fines of up to £17.5 million or 4% of annual turnover – whichever is greater.

Learn more about GDPR fines and penalties

There are significant advantages to GDPR compliance.

The business benefits of GDPR compliance include:

• Building customer trust.
• Improving brand image and reputation.
• Reducing the risk of data breaches.
• Increasing information security; and
• Gaining competitive advantage.

As a leading global provider of governance, risk management and compliance solutions, we are at the forefront of helping organisations address the challenges of GDPR compliance.

Whatever your needs, from staff training to providing an EU representative, to carrying out a GDPR compliance audit, we have a wide range of products that can help you meet your GDPR compliance objectives.

• Certified GDPR Practitioner Training Course
• GDPR Documentation Toolkit
• GDPR EU Representative
• EU General Data Protection Regulation (GDPR) – An implementation and compliance guide, fourth edition 
• EU GDPR – An international guide to compliance
• Certified GDPR Foundation Training Course
• GDPR Gap Analysis
• Data Protection Officer

What is the GDPR?
GDPR (General Data Protection Regulation) is a data protection law that sets rules for how organisations collect, use and store personal data. It strengthens individual rights and increases accountability for organisations.

What does the GDPR stand for?
GDPR stands for General Data Protection Regulation.

What are the GDPR regulations?
The GDPR regulations cover principles for data processing, rights for individuals and obligations for organisations. They apply to any organisation processing personal data of people in the UK or EU.

What is GDPR UK?
UK GDPR is the UK’s version of GDPR, retained after Brexit. It works alongside the Data Protection Act 2018 to regulate how personal data is handled in the UK.

How many principles apply to the GDPR?
There are seven principles under GDPR: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability.

What does GDPR mean?
GDPR means individuals have greater rights over their personal data, and organisations must follow strict rules on how that data is used and protected.

What does processing mean in the context of the GDPR?
Processing under GDPR refers to any operation performed on personal data, including collection, storage, use, sharing or deletion.

What is an availability breach in the GDPR?
An availability breach happens when personal data becomes inaccessible (e.g. due to system failure or ransomware), preventing individuals from accessing their information.

What is a confidentiality breach in the GDPR?
A confidentiality breach occurs when personal data is disclosed to unauthorised people, such as through hacking, phishing or accidental sharing.

What is an integrity breach in the GDPR?
An integrity breach occurs when personal data is altered or destroyed without authorisation, undermining its accuracy and reliability.

What does UK GDPR require by law?
UK GDPR requires organisations to process data lawfully, respect individuals’ rights, secure data appropriately and demonstrate accountability through policies, training and documentation.

What are the rights of individuals under the GDPR?
Individuals have eight key rights: to be informed, access, rectification, erasure, restrict processing, data portability, object and rights related to automated decision-making and profiling.

What is GDPR compliance?
GDPR compliance means meeting all the legal requirements of GDPR, including following the seven principles, enabling individual rights and maintaining evidence of accountability.