Book Review: UK General Data Protection Regulation by James Castro-Edwards

 In Book Reviews for Private Client practitioners, Probate

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UK General Data Protection Regulation by James Castro-EdwardsThis is a book review of UK General Data Protection Regulation by James Castro-Edwards, published by Law Society Publishing

Purpose

The author provides an overview of the UK General Data Protection Regulation (UK GDPR) and explains its application, key concepts, principles, rights and obligations since the UK exit from the EU. It provides an explanation of the development of concepts and principles and highlights the differences between UK GDPR and GDPR.

Many practitioners may not have noticed the fact that the law changed, and this book sets out to provide a guide to the key legislation in what is a changing area of law.

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Content

This book is made up of 9 chapters on:

  1. Subject matter, material and territorial scope, and definitions
  2. The data protection principles
  3. Data subject’s rights
  4. Controllers and processors, breach notification and DPOs
  5. Data transfers
  6. The Information Commissioner
  7. Remedies, liability and penalties
  8. Provisions relation to specific processing situations
  9. Final provisions

There is an appendix which contains an invaluable Keeling Schedule; that is, the original EU Regulation with the amendments made to it by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020).

Structure & Layout

Within each chapter there are numbered paragraphs on a range of topics relevant to the chapter in question.

Tools

The main tool is the Keeling Schedule which helps to identify the ways in which the UK GDPR differs from the GDPR. However, throughout the text there are no tools as such but confirmation where appropriate that the EU rules are replaced in the same form in the UK GDPR or explanations of where UK GDPR now differs from the rules in the EU.

Clarity & readability

The writing is clear. For example, Chapter 2 starts:

“Chapter II sets out the principles of the UK GDPR, including the rules around consent and processing special categories of personal data. There are few differences when compared to Chapter II of the GDPR and the principles are identical.”

It is a shame that there are no examples in the text of how a particular person’s position might have changed between GDPR and UK GDPR. Trust practitioners were advised by STEP that UK GDPR could feasibly apply differently than previously and apply on either a trust by trust basis or a trustee by trustee basis, which has a bearing on the cost of the data protection fees.

Relevance to practitioners

As a summary of the law of UK GDPR and how it differs from GDPR this text is of relevance to every practitioner. It is a useful source of the law. It provides clear explanations of the differences between GDPR and UK GDPR. Given the consequences for individuals and firms of incorrectly applying the law, this is an essential text.

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