UK GDPR vs EU GDPR: What Website Owners Need to Know
After Brexit the UK and the EU each have their own version of GDPR. If your website serves visitors in both, here is what is the same, what differs and what to do about it.
Back to BlogThe Short Answer
UK GDPR and EU GDPR are very similar. Both protect personal data, both apply to websites that collect it, and both can apply to the same business at once. If your site serves visitors in the UK and in the EU, you should assume both apply and meet the stricter requirement wherever they differ.
This article is general information, not legal advice. Speak to a qualified adviser about your own situation.
Where the Two Laws Come From
The EU GDPR applies across EU member states. After Brexit, the UK kept the same rules in its own law as UK GDPR, which works alongside the Data Protection Act 2018. In the UK the regulator is the Information Commissioner's Office, or ICO. In the EU, each member state has its own data protection authority.
Who They Apply To
Both laws can apply even if your business is not based in the UK or the EU. In general, they apply when you offer goods or services to people in those places, or monitor their behaviour, for example with analytics or advertising cookies.
So a business in India or the US that sells to UK and EU customers may need to follow both.
What Is the Same
The core principles are shared. You need a lawful reason to process personal data, you should collect only what you need, you must keep it secure, and you must be open about what you do with it.
People have rights to see their data, correct it, delete it and object to certain uses. Both laws expect a clear privacy policy and require you to report serious data breaches to the regulator within a set time.
Where They Differ
The differences are mostly in the detail: the regulators and complaint routes, the rules for sending data between the UK and other countries, and some national rules such as the age at which a child can consent to online services.
Both laws allow large fines, up to a percentage of worldwide annual turnover for the most serious breaches, so it is worth taking them seriously even for a small site.
What Website Owners Should Do
- Write a clear privacy policy that says what you collect, why, who you share it with and how long you keep it.
- Collect only what you need on forms, and do not keep data longer than necessary.
- Get proper consent for non-essential cookies and marketing emails.
- Keep software updated and use HTTPS, backups and strong access controls.
- Make sure you can respond to requests from people to see or delete their data.
- Have a plan for reporting a breach quickly.
Your Hosting Provider's Role
Your hosting company stores or processes data for you, which makes it a processor. You should have a data processing agreement with it, and you should know where your data is stored. Choosing a data centre close to your users, such as one in the UK for UK visitors, also helps you explain where personal data is held.
webzworld offers data centres in India, the UK and the US. If you need servers inside the EU specifically, check that your provider can meet that requirement before you buy.
Frequently Asked Questions
Do I need to be in the UK or EU for these laws to apply?
No. What matters is whether you offer goods or services to people there or monitor their behaviour.
Do I need separate privacy policies for the UK and the EU?
Usually one well-written policy can cover both, as long as it meets the requirements of each.
Is a small website really at risk?
The rules apply to organisations of every size, although regulators focus on serious and repeated problems. Good basic practice goes a long way.
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