EU GDPR vs UK GDPR — Key Differences After the Data (Use and Access) Act 2025

Since Brexit, the UK has maintained its own version of GDPR — the UK GDPR — which began as an essentially identical copy but has diverged through the Data (Use and Access) Act 2025 (DUA Act). Understanding the differences matters for non-EU businesses serving both EU and UK markets.

UK Adequacy Status (2025-2031)

In December 2025, the European Commission renewed the UK’s adequacy decisions through December 2031, confirming that personal data can continue to flow freely between the EU and UK. This is a critical outcome — despite concerns that the DUA Act might jeopardise adequacy, the Commission determined the UK framework remains “essentially equivalent” to EU GDPR. Full UK guide →

Data (Use and Access) Act 2025 — Key Changes

The DUA Act, enacted in 2025, introduces several reforms to UK GDPR:

• ICH reform: The Information Commissioner’s role is replaced by a Chair and a board of directors
• Clarified legitimate interests: Recognises recognised legitimate interests (RLIs) to streamline processing for specified purposes
• Reduced cookie consent friction: Limited exceptions for low-risk analytics and essential cookies, moving UK slightly away from EU ePrivacy strictness
• Data subject requests: Refined timelines and fee structures, slightly more flexibility for businesses
• Automated decision-making: Broader exceptions compared to EU GDPR Article 22

Article 27 — UK vs EU

Both require a representative, but in different places. If you process EU personal data, you need an EU Representative established in the UK. If you process UK personal data only, the UK GDPR requires a UK Representative in the UK. If you process both (which most businesses do), you need both — or a single entity that can serve both roles. EU Shield pricing →

Practical Compliance

For most non-EU/UK businesses, the practical difference between EU and UK GDPR is minimal. The core obligations (Article 27 representative, Article 30 ROPA, Article 33 breach notification, data subject rights) remain functionally identical. The DUA Act reforms are clarifications rather than fundamental restructures. Full guide →