GDPR Compliance: A Complete Guide to Risk Management, Data Protection, and Regulatory Readiness

Since Brexit, the UK and the European Union have continued to share the same foundational data protection principles, but their regulatory paths are no longer identical. For organisations operating in the UK, Europe, or across both regions, understanding the distinction is essential for compliance, governance and long-term risk management.

How the Two Frameworks Originated

The EU GDPR, introduced in 2018, remains the core data protection regulation across all EU and EEA member states. When the UK left the EU, the regulation was carried over into domestic law and renamed the UK GDPR, supported by the Data Protection Act 2018.

For several years, both frameworks were essentially the same.
That changed with the introduction of the Data (Use and Access) Act 2025 (DUAA), the UK’s first move to adapt GDPR to its own regulatory environment.

Even after the DUAA, the UK still follows the same seven GDPR principles, the same definitions of personal data, and the same core data subject rights. Both frameworks require organisations to:

• protect personal data through technical and organisational measures

• demonstrate accountability

• be transparent about how data is used

• maintain lawful bases for processing

• respond to access, deletion and correction requests

In essence, the spirit of the GDPR survives unchanged on both sides.

Although the foundations remain aligned, the operational rules are beginning to diverge.

1. Lawful Basis: Recognised Legitimate Interests

The DUAA introduces a list of “recognised legitimate interests” — scenarios where UK organisations may not need a full balancing test.
The EU GDPR does not offer this shortcut.

2. Automated Decision-Making (ADM)

The EU maintains stricter controls on automated decision-making, often requiring consent or contractual necessity.
Under the DUAA, UK organisations may rely on legitimate interests for some ADM activities, provided safeguards exist.

3. DSAR Search Requirements

The EU expects broad, comprehensive searches unless a request is manifestly excessive.
The UK now requires “reasonable and proportionate” searches — a more flexible and scalable approach.

4. International Data Transfers

The EU uses the “essential equivalence” standard when assessing third countries.
The UK’s DUAA introduces a new, less restrictive threshold: “not significantly worse.”

5. Cookies and PECR Enforcement

PECR fines in the UK now match GDPR-level penalties.
The EU continues to enforce cookie rules under its own mechanisms (ePrivacy + GDPR).

For organisations with customers, staff, or data subjects in both the UK and EU, this divergence means dual responsibilities:

• compliance with the EU GDPR for data relating to individuals in the EU/EEA

• compliance with the UK GDPR, as amended by the DUAA, for UK individuals

The biggest practical impact is operational: organisations must maintain processes and documentation that reflect the correct regulatory regime for each jurisdiction.

This includes:

• updated DSAR workflows

• reviewed lawful bases

• refreshed privacy notices

• reassessed ADM activities

• reviewed data transfer mechanisms

• strengthened complaints handling processes

• updated risk, control and governance documentation

With a single, centralised platform that connects risks, controls, DPIAs, incidents, complaints and audits, Symbiant helps organisations meet the expectations of both regulatory frameworks.

Whether you need to document DUAA-specific processes, track lawful bases, demonstrate accountability, or manage evidence for internal and external audits, Symbiant gives you:

• a flexible, modular system

• customisable workflows

• dynamic questionnaires

• tamper-proof audit trails

• linked risks and controls

• centralised governance documentation

This makes Symbiant an ideal Single Source of Truth for organisations navigating the increasingly complex post-Brexit data protection landscape.