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UK GDPR / DPA 2018 vs EU GDPR

UK General Data Protection Regulation and Data Protection Act 2018 (as amended by the Data (Use and Access) Act 2025) (United Kingdom) compared with Regulation (EU) 2016/679 (General Data Protection Regulation) (European Union (EEA)) on the same topics. Every value comes from the law pages, which link to the official sources.

Topic	UK GDPR / DPA 2018 United Kingdom ✓ Confirmed by two sources	EU GDPR European Union (EEA) ✓ Confirmed by two sources
Status	In force since 1 Jan 2021 (retained from EU GDPR); DUAA 2025 data protection changes fully in force by 19 June 2026.✓	In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓
Who it applies to	Organisations processing personal data in the context of a UK establishment, and non-UK organisations offering goods/services to, or monitoring the behaviour of, people in the UK.✓	Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓
Size thresholds	None — applies regardless of size.✓	None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓
Regulator	Information Commission (replaced the Information Commissioner's Office on 30 Sep 2026; still uses the 'ICO' name)✓	National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓
Breach or incident reporting	Report notifiable breaches to the Information Commission without undue delay and, where feasible, within 72 hours. Tell affected individuals without undue delay if high risk. PECR breaches by telecoms providers: without undue delay and, where feasible, within 72 hours (PECR reg 5A(2), since 20 Aug 2025).✓	Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓
Deadline to answer personal data requests	1 month, extendable by 2 months for complex or numerous requests. For access requests the clock pauses while you seek info needed to scope the request (Art 12A, requests from 5 Feb 2026). Searches need only be reasonable and proportionate.✓	1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓
Data protection officer	DPO mandatory for public authorities and where core activities involve large-scale systematic monitoring or large-scale special-category/criminal data (same tests as EU GDPR).✓	DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓
Local representative	Non-UK organisations with no UK establishment that target or monitor people in the UK must appoint a UK representative in writing, unless processing is occasional and low-risk or they are a public authority.✓	Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓
Sending data abroad	Transfers need UK adequacy regulations (data bridges), or the IDTA / UK Addendum to EU SCCs, or BCRs. Since 5 Feb 2026 the adequacy test is whether protection is 'not materially lower'; existing TRAs remain usable.✓	Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓
Cookies and consent	PECR: consent needed for non-essential cookies, but since 5 Feb 2026 low-risk statistical/analytics and functionality cookies can be set without consent if users get clear info and an opt-out. Ad/tracking cookies still need consent.✓	Cookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓
Maximum penalty	Up to £17.5 million or 4% of worldwide annual turnover, whichever is higher (lower tier £8.7m or 2%). PECR fines raised to the same level from 5 Feb 2026.✓	Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓

= confirmed by two independent sources, at least one official.

Facts marked “Being verified” are still being confirmed and are not given as answers.

Who each law applies to

UK GDPR / DPA 2018: Organisations processing personal data in the context of a UK establishment, and non-UK organisations offering goods/services to, or monitoring the behaviour of, people in the UK.
EU GDPR: Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.

What you must do under UK GDPR / DPA 2018

Map processing and choose a lawful basis; consider the new 'recognised legitimate interests' list.
Offer an easy (e.g. online) complaints route; acknowledge complaints within 30 days (from 19 Jun 2026).
Answer DSARs within one month using reasonable and proportionate searches.
Review cookie banners: drop consent only for exempt analytics/functionality cookies.
Add safeguards (info, human review, challenge) to significant automated decisions.
Report notifiable breaches to the ICO within 72 hours.

Full UK GDPR / DPA 2018 page, sources and checklist

What you must do under EU GDPR

Identify a lawful basis for every processing purpose and record it.
Publish a clear privacy notice covering purposes, recipients, retention and rights.
Keep a record of processing activities and sign Art 28 contracts with processors.
Run a DPIA before high-risk processing such as large-scale profiling or sensitive data.
Report qualifying breaches within 72 hours (lead authority, or every relevant DPA if you have no EU establishment) and log all breaches.
Answer access, erasure and other rights requests within one month.

Full EU GDPR page, sources and checklist

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