Preparing for UK and EU GDPR Compliance in 2025: Navigating Post-Brexit Changes
As we approach 2025, the need for robust data privacy compliance strategies is more vital than ever. The UK’s departure from the EU has introduced nuances in the application of the GDPR framework that companies operating across these regions must carefully navigate. This article provides an overview of how businesses can achieve and maintain compliance with both UK GDPR and EU GDPR regulations and aligning with the GDPR principles in 2025, considering key legislative changes post-Brexit.
Understanding the Post-Brexit GDPR Landscape
Since Brexit, the UK and EU have maintained broadly similar data protection regulations, but there are distinct differences. The UK GDPR mirrors the EU GDPR in many respects but with adjustments that reflect the UK’s independent legal framework. One such example is the UK’s own approach to data adequacy decisions, which could affect how organisations manage data transfers to and from the UK.
Key Changes Post-Brexit:
- Data Transfers: The UK is considered an ‘adequate’ country by the EU, but the adequacy decision is subject to review and may be revoked. Businesses should prepare for possible regulatory changes that could affect cross-border data transfers.
- Regulatory Authorities: The Information Commissioner’s Office (ICO) is the sole regulatory authority in the UK. Meanwhile, businesses processing data in the EU must comply with EU GDPR regulations and could be subject to oversight by multiple EU supervisory authorities.
- Divergent Guidance: As the ICO and EU regulators independently update their guidelines, UK companies must stay vigilant regarding differences, such as interpretations around legitimate interests or the implementation of Data Transfer Impact Assessments (DTIAs).
Preparing for 2025: Key Compliance Areas for Businesses
To ensure compliance with both UK and EU GDPR regulations in 2025, companies should focus on the following critical areas:
1. Legitimate Interest Assessments (LIAs)
The concept of ‘legitimate interests’ is integral to data processing under both the UK and EU GDPR. However, post-Brexit, companies should carefully conduct LIAs that reflect any nuanced differences in UK and EU interpretations. An LIA should:
- Clearly outline the legitimate interest being pursued.
- Demonstrate that the data processing is necessary to achieve this interest.
- Prove that the data subject’s rights do not override these interests.
Regularly reviewing LIAs ensures they align with both UK and EU regulatory updates, helping to mitigate compliance risks.
2. Data Transfer Impact Assessments (DTIAs)
Cross-border data transfers have become increasingly complex since Brexit, requiring companies to reassess their data transfer mechanisms. DTIAs are now essential when transferring data outside the UK or EU, particularly to jurisdictions lacking adequacy status.
A DTIA evaluates whether adequate protections are in place for the personal data being transferred. For example, businesses transferring data between the UK and the US must consider the latest framework, the Data Privacy Framework, while remaining prepared for potential changes in its legal status.
3. Data Protection by Design and Default
The principle of data protection by design remains a cornerstone of GDPR regulation compliance. This involves integrating data privacy measures into all business processes and technologies from the outset. In 2025, this principle will continue to be crucial for both UK and EU GDPR, requiring companies to:
- Conduct regular data privacy impact assessments (DPIAs) for high-risk data processing activities.
- Ensure that only necessary data is processed and access is limited to authorised personnel.
- Align data processing activities with the GDPR principles
4. Maintaining Records of Processing Activities (RoPAs)
RoPAs are mandatory for businesses processing significant volumes of personal data or engaged in high-risk processing. These records offer a clear picture of the data lifecycle and are required by both UK and EU GDPR. As guidelines evolve, companies should regularly update their RoPAs, particularly for data processed under varying jurisdictions.
The Case for Outsourcing Data Privacy Services
For businesses with operations across the UK and the EU, navigating the complexities of data privacy compliance post-Brexit can be challenging. Formiti offers outsourced privacy services designed to support companies in managing their compliance requirements effectively.
Outsourcing data privacy services to Formiti provides several advantages:
- Expertise Across Jurisdictions: With a dedicated team of data privacy experts, Formiti offers insights into both UK and EU GDPR requirements, ensuring comprehensive and harmonised compliance strategies.
- Cost Efficiency: Outsourcing to Formiti reduces the need for in-house compliance staff, enabling businesses to allocate resources more strategically while maintaining robust data protection measures.
- Scalability: Formiti’s services are adaptable to organisations of varying sizes and sectors, offering customised solutions that can scale with your business as it grows.
- Enhanced Compliance Management: Formiti supports businesses in conducting LIAs, DTIAs, and DPIAs, as well as in maintaining up-to-date RoPAs. These services not only fulfil compliance obligations but also reinforce trust among stakeholders and customers.
Achieving and Sustaining GDPR Compliance in 2025 and Beyond
Compliance with both UK and EU GDPR regulations is more than just a legal obligation—it is a means of fostering trust and transparency with customers. As we move into 2025, organisations must remain proactive, embracing changes in regulatory requirements and continuously strengthening their data protection frameworks.
Formiti stands ready to support businesses in their compliance journey, offering expert guidance and resources tailored to the complexities of a post-Brexit GDPR landscape. For companies looking to achieve and maintain GDPR compliance with confidence, Formiti’s outsourced privacy services provide the support necessary to navigate these evolving requirements.