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The end of the Brexit transition period is now upon us. Whilst the EU General Data Protection Regulation (EU GDPR) is retained in domestic law with minimal amendment, the so-called UK GDPR has some key changes that organisations need to consider to ensure compliance beyond 31 December 2020. One such issue is whether an organisation needs to appoint a data protection representative in the EU and/or UK.
Digital services providers also may need to appoint a representative in the EU and/or UK in relation to the Network Information Systems (NIS) Directive. An organisation can have the same EU/UK NIS as its EU/UK GDPR representative.
The UK Information Commissioner’s Office has warned that many media companies are breaking the law and urged them to review how they use personal data as it resumed its adtech investigation.
Its probe into the UK’s £13bn a year online advertising industry will particularly look into widespread non-compliance with GDPR, the EU data regulations which were incorporated into UK law in 2018.
Under GDPR people must unambiguously opt-in to receive marketing communications and to share their personal data. GDPR states that marketers and publishers must also abide by strict rules around the storage of data and how it is shared with other companies.